Oct 20, 2020 | Indian Patents Act 1970, IPR & Business
It is known to us that the types of patents filed at the Indian Patent Office are of two types, i.e. Provisional patent applications and complete patent applications. Briefly, a provisional application is a preliminary patent application which is drafted and filed to secure an early date of priority. However, a complete patent application is the final application which is filed, examined and prosecuted by the Indian Patent Office.
Much like the patent system in India, the Australian patent system also allows the filing of standard patents and provisional patents. In addition to this, the Australian Patent Office also enables the inventors/applicants to file for an innovation patent, which seems to be attracting the attention of many Indian innovators in recent times. In this article, we will briefly read about standard patents and innovation patents and understand the difference between the two.
- Standard Patent Applications & Innovation Patent Applications
Standard patent application: The standard patent application filed by inventors at the Australian Patent Office is identical to the complete patent application filed at the Indian Patent Office. Once granted, the standard patent application provides 20 years of protection to an invention from the date of filing of the application. The criteria followed by the Australian Patent Office is much like that of the Indian Patent Office, i.e. for an invention to be patentable in Australia, the invention must satisfy the below-mentioned criteria:
- Novelty
- Non-obviousness
- Industrial applicability
Once filed, the Australian Patent Office takes 6 months to a couple of years to examine the standard patent application to ensure that the patent meets their legislative requirements after which the patent will be granted.
Innovation patent application: An innovation patent application provides an inventor with tight timelines and low budget an opportunity to secure a granted patent. The innovation patent is meant for patents which have a short technological lifecycle such as computer-related invention which become redundant in a short span of time due to the dynamic nature of technology. An innovation patent provides protection over an invention for a period of 8 years from the date of filing and is particularly awarded to inventions which do not meet one of the criteria of patentability, i.e. inventive step.
The criterion for granting an innovation patent is that the invention must have an innovation step rather than an inventive step, i.e. the invention must have features which are better than the existing patents and these incremental features must contribute substantially to the working of the invention. The innovation patent protects such incremental features of an existing technology and is granted in a short span of one month from the date of filing the patent application as the innovation patent application does not necessarily undergo examination before being granted. However, the innovation patent is not legally enforceable if it is not examined before being granted. The examiner at the Australian Patent Office examines the innovation patent application upon filing a special request subsequent to which the examiner checks if the application is matching the legal requirements as per Patents Act, 1990.
Unfortunately, the Australian Patent Office has decided to phase-out the concept of innovation patent in order to provide an equal opportunity for all applicants. The last day to file an innovation patent application is 25th August 2021 and the applications which have been filed on or before 25th August 2021 will continue to remain in-force till their expiry as per Patents Act, 1990.
Standard Patent Applications vs Innovation Patent Applications
| Innovation Patent Application |
Standard Patent Application |
| Criteria of Patentability:
· Novelty
· Industrial applicability
· Innovative step |
Criteria of Patentability:
· Novelty
· Industrial applicability
· Inventive step |
| Anatomy of the patent application:
· Title
· Description
· Up to 5 claims
· Abstract
· Drawings
· Forms |
Anatomy of the patent application:
· Title
· Description
· Any number of claims
· Abstract
· Drawings
· Forms |
| Application is granted if patentability criteria is satisfied. However, cannot be enforced legally without examination. |
Application is granted if patentability criteria is satisfied as per Patents Act, 1990. |
| Examination is optional if legal enforceability is required. The request for examination maybe applied by anybody. |
Examination is mandatory. Request for examination is applied only by the applicant. |
| Grant certificate is provided only if the patent application is examined and meets the requirement of patentability. The patent can be enforced only after certification. |
Grant certificate is provided is patent is granted. |
| Patent is published after grant and certification in the Australian Official Journal of Patents |
Patent is published after 18 months from the date of priority and again after certification. |
Conclusion: If an applicant wants to file for an innovation patent, the application must be filed on or before 25th August 2021.
Author: Dharini Dinesh
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Oct 11, 2020 | IPR & Business
The COVID-19 pandemic has reignited the long-running debate over how to successfully balance corporate profits with public health. A large number of scholars and activists contend that World Trade Organization (WTO) intellectual property (IP) rules prevent developing countries from obtaining necessary pharmaceuticals. There are many who argue that intellectual property restrictions ought to serve as a driving force for pharmaceutical businesses. Currently, countries are arguing over whether to suspend WTO regulations in light of the pandemic. At the outset in October 2020, South Africa and India asked the World Trade Organization (WTO) to suspend regulations safeguarding trade secrets, patents, industrial designs, and copyrights in favour of “COVID-19 prevention, management, or containment up until vaccination campaigns have been implemented worldwide and the majority of people have acquired immunity.[1]For the length of the pandemic, India and South Africa seek to offer all WTO members the freedom to refuse to grant or enforce patents and other intellectual property rights pertaining to COVID-19 vaccines, medications, diagnostics, and other technology. India and South Africa submitted a waiver request, stating that prompt access to reasonably priced medical supplies, such as medical masks, diagnostic kits, ventilators, and other personal protective equipment, is necessary for an efficient response to the COVID-19 pandemic. Similarly required are immunizations and drugs for the care and prophylaxis of critically ill individuals. As per their declaration, “there are serious worries regarding how they will be made available promptly, in sufficient quantities, and at affordable prices to fulfill worldwide demand while novel COVID-19 diagnostics, treatments, and vaccinations are developed.[2] Later during October, the WTO members failed to come to the requisite consensus to move forward with the sought waiver. The European Union, the United States, the United Kingdom, and other wealthy countries opposed the request for waiver.[3]
20 years have passed since the prolonged fight over access to HIV/AIDS medications under the multilateral trading system came to an end. This is when the dispute regarding waiver of patents initially occurred. Many nations, particularly those in sub-Saharan Africa, were unable to afford the expensive HIV/AIDS medications that were invented by pharmaceutical corporations in affluent nations during the height of the epidemic at the turn of the century. The patent holders kept from reducing their prices since they had spent billions of dollars researching the drugs. The extended discussion regarding whether patent rights should override the provision of reasonably priced medications for individuals suffering from fatal illnesses deteriorated the reputation of the firms, including the nations endorsing them, and the WTO itself. Members of the WTO could, when establishing or modifying their regulations and laws, adopt measures that were considered necessary to protect public health, provided that these measures comply with the provisions of this Agreement,” as stated in Article 8 of the WTO Agreement on the Trade-Related Aspects of Intellectual Property Rights, or TRIPS Agreement.
Additionally, the TRIPS Agreement’s Article 7 states that intellectual property rights must be protected and enforced in a manner conducive to social and economic welfare.[4] It is arguable that these two WTO IP standards are considerably broad enough to include any reasonable health precautions that a WTO member would implement in the event of a pandemic or other medical emergency. However, there was confusion among the participants over the specific application of these regulations during the HIV/AIDS pandemic. Typically, licensing is used to “resolve the inherent tension between the protection of intellectual property and the need to make and distribute affordable medicines,” as noted by Jennifer Hillman of the Council on Foreign Relations. This allows the patent holder to allow others to make or trade the protected product, usually at a price and with some supervision from the patent holder to ensure control.[5] The Doha Ministerial Declaration from 2001 has been interpreted by the WTO as granting each member the authority to issue mandatory licenses for pharmaceuticals and medicines. WTO members approved a waiver in 2003 that released developing nations from TRIPS Agreement requirements and permitted them to import less expensive generic medications from nations with patent protection. After being revised in 2017[6], this waiver is still an important component of the WTO’s compromise between defending intellectual property rights and guaranteeing access to necessary medications. Although private medicine makers oppose compulsory licensing, it is an essential component of the WTO agreement.
The WTO treaty strikes a compromise by allowing mandatory licensing in cases of medical emergency. The arguments made in favor of the proposed COVID-19 waiver have mainly been the same and are reminiscent of the discussion surrounding HIV/AIDS. Early on in the worldwide search for a vaccine, the pharmaceutical corporations made it clear that they opposed the proposed transfer of intellectual property rights for the duration of the epidemic. They have issued a warning, stating that using forced licencing to prevent unauthorized copies of their COVID-19 vaccinations “would undermine innovation and raise the risk of unsafe viruses.[7] At first, wealthy nations objected to the idea, particularly the United States. The Joe Biden administration then changed its mind and declared its support for a vaccine IP waiver in May 2021 in response to pressure from activists and Democratic politicians. Later The coalition of poor nations requesting the waiver put forth an updated proposal that same month that was almost identical to the initial one. Vaccines, diagnostics, treatments, and personal protective equipment (PPE) relevant to pandemics were among the “health products and technologies” to which the waiver would be extended. There would be a chance for an extension during the waiver’s minimum three-year term.
Arguments
Advocates claim that the exemption might increase the output of immunizations and other life-saving goods. A basic degree of intellectual property protection, including twenty-year patents and protections for copyrights, trade secrets, and industrial designs, is guaranteed by members of the WTO under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The rules, according to supporters of the waiver, are impeding the production of vital medical items by businesses other than the inventors. The idea that all medications ought to be considered “global public goods,” held by a large number of individuals globally, is at the center of the current trade controversy. Such a notion leaves little opportunity for any intellectual property rights to be taken into account. The right to the best possible standard of health for everyone cannot be compromised by the pursuit of profit, as stated by a group of UN human rights experts. This includes decisions regarding vaccination access, necessary diagnostics and treatments, and all other medical supplies, goods, and services.[8] India and South Africa provided an example of a bottleneck of this kind in their initial proposal: during the early stages of the epidemic, the United States experienced a shortage of N95 respirators, which prompted Kentucky Governor Andy Beshear to request that the manufacturer release its patents. The public should have more access to vaccines, even if it means fewer profits, according to proponents of the waiver, who also cite the large government assistance that pharmaceutical companies got to aid in the development of COVID-19 vaccines. Governments retain the power, in the absence of a waiver, to permit businesses to manufacture a patented product without the rights-holder’s approval in cases of public health emergency — referred to as compulsory licensing. The procedure, according to those who are in favour of a waiver, is overly onerous and fragmented. Furthermore, wealthier nations like the United States have a negative opinion of and frequently put pressure on nations that issue obligatory licenses. This is a narrow-minded perspective. It is one thing to temporarily subordinate IP rights to urgent public requirements in the event of a pandemic or other international health emergency. Another is to completely remove the concept of “profitability” from all policy decisions that concern access to vaccines, essential tests and treatments, and all other medical goods, services and supplies.[9] Unquestionably, this perspective has a surface-level ethical allure. If a “human rights” strategy fails to address the pressing demands of the public, does this moral argument still stand? Opponents view the waiver as a bait and switch that will reduce incentives for research while doing little to boost the distribution of vaccines around the world. Patent firms, medical professionals, and certain governments contend that intellectual property laws—as well as the revenues they permit—help to advance the creation of ground-breaking innovations like the COVID-19 vaccine. Furthermore, it is asserted that the primary obstacle to worldwide vaccination efforts is not patents but rather inadequate production capacity. Some argue that without the technical know-how of the inventors or access to essential chemicals that are currently in short supply, many countries would not be able to create the vaccines even if the patents were repealed. In the meanwhile, a few US politicians Many analysts are wary of giving competing nations like China access to vital intellectual property.
Conclusion:
A new, protracted, passionate international deadlock within the WTO is not the answer. International cooperation in organizations and initiatives outside the World Trade Organization is the answer. Developing nations are requesting a WTO waiver because to the slow progress and unclear outcomes in those other international venues. They ought to intensify their joint efforts to find solutions in those other areas rather than persevering in their demand for an unneeded WTO waiver. And in order to achieve that goal, the United States, the European Union, the United Kingdom, and other developed nations ought to cooperate with them more. When a pandemic is raging over the world and has already claimed over a million lives and is expected to kill millions more, intellectual property rights should never be allowed to stand in the way of everyone’s early access to reasonably priced medications. Moreover, WTO members should never take any actions that would remove the incentives necessary to spur the inventions that enable the development of new medications.
A balance that gives all nations enough latitude to safeguard intellectual property rights and facilitate access to life-saving medications is what makes the WTO trade regulations on intellectual property just right.[10] It is currently not proven that this balance does not exist for COVID-19 medications. In the struggle to stop this pandemic, preserving this equilibrium has to be the WTO’s continued priority as well as the goal of all transnational cooperative efforts.
Author: Nidhi N Anand
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Aug 11, 2020 | General
India is a country with an approximate population of 1.37 billion as of 2019 making it the second most populated country in the world. The progress on health care systems in India varies from state to state, as it depends upon the priority given by the state governments. This study concentrates on the main manufacturers of medical ventilators (hereinafter referred to simply as ventilators) in India for managing the requirements of escalating medical emergency due to the Novel Corona Virus 2019 (COVID-19) pandemic. As per a study conducted by US based Johns Hopkins University, if the spread of the outbreak is not properly curtailed, an average of 30 to 40 crore Indians could be exposed to the virus in a worst-case scenario by July 2020. Availability of sufficient ventilators to meet the situation is therefore the need of the hour. This study specifically concentrates on the ventilators available and manufactured in the country, which is the basic requirement for managing the pandemic effectively.
What is a ventilator?
A ventilator is a medical device which provides breathable air ventilation into and out of the lungs mechanically and is used for patients who are unable to breathe physically or sufficiently on their own.
Why is a ventilator important for COVID-19 patients?
COVID-19 is a virus that causes respiratory illness affecting the functioning of the lungs in a human body. The worst effects of this virus can cause complete failure of the lungs. For the patients whose lungs are severely affected, the only chance of survival is by using a ventilator. The ventilators can takeover the breathing process for the patient that will provide them time to fight the infection and to recover. According to World Health Organization (WHO) about 80% of the people with COVID-19 virus recover without any hospital treatment. But in every six persons infected, one person develops severe breathing difficulties. In these cases the virus causes failure of the functioning of the lungs, the immune system in human body detects this and expands the blood vessels for more immune cells to enter. This could cause development of fluids in the lungs and make it difficult to breath, which results in an exponential drop of oxygen levels in the lungs. Thus, adequate amount of air can be provided to the lungs mechanically with the help of a ventilator, which can help to maintain the oxygen requirements of the body.
Purpose of this article
This article provides information about leading ventilator manufacturers in India, which can be used by healthcare professionals and general public to meet the requirements for effectively managing COVID-19 pandemic. Ventilators are one of the main devices that are required to curtail the spread of the pandemic and are in high demand in India as the present number of ventilators cannot manage the inflow of infected patients in upcoming days. According to the studies conducted by experts, at present there are only 40,000 (forty thousand) active ventilators in the country, and this cannot meet the requirements if the virus infects a large number of people. As the infected patients would require an average of 21 days of ventilator use, the present available numbers will need to be increased by 80-100 times in worst-case scenario. Currently there is no option for the government to import ventilators as COVID-19 has affected globally and has made it difficult for even developed countries to manage the situation. Thus India will need to concentrate on mass production of ventilators inside the country itself in coming days.
Ten leading companies in India manufacturing ventilators.
AgVa healthcare produces the world’s most economical ventilators with compatibility and user-friendly interface. The ventilators have been built with advanced feature, which come in multiple modes such as VC-CMV, VC-SIMV, ACV, PRVC, PC-CMV, PC-SIMV, PSV, and CPAP. These ventilators can run on room air without the need of compressed medical air, which makes them more reliable. These devices can deliver 100% FiO2 when connected to Oxygen Source (Low Flow). Apnea Detection with volume guaranteed backup ventilation is also implemented in the device. It provides a simple connection with standard 22mm Ventilator Circuit with proximal flow sensor. A standard ventilator alarm with user configurable limit alarms is also provided within the device. Apart from these features the ventilator comes with additional features such as enhanced safety, efficient energy saving, user-friendly with simple setup, 24×7 operation and three hours of power backup. Some of their products include:
The smartness of Intelli in a portable package 13 ventilation modes, 60cmH2O peak pressure 7-inch screen Proximal flow sensor and over 30 monitored parameters.
The definition of high-end ventilation at an affordable cost. Includes AgVa Intelli ventilator, AgVa Humidifier, Tubing arm holder and AgVa Trolley.
The most versatile ventilator with a multitude of usage. Includes AgVa Advanced Ventilator, AgVa Humidifier, Tubing arm holder and AgVa Trolley.
The goodness of AgVaIntelli without the humidifier. This ventilator can be used with an HME filter for humidification.
The goodness of AgVa advanced without the humidifier. This ventilator can be used with an HME filter for humidification.
AgVa Ambulance is perfected for immediate ventilation needs. AI-Vent mode makes ventilating patient extremely easy. It can run on both 12 Volt and 220 Volt power inlets. Comes inclusive with an ambulance stand.
| Address: |
First Floor 7/56, Desh Bandhu Gupta Road,
Karol Bagh, New Delhi-110005 (India) |
| Phone: |
+91 7330405060, +91 7678140784, +91 7827910840 |
| Email: |
info@agvahealthcare.com |
| Website: |
www.agvahealthcare.com |
LifeLine Biz Pvt. Ltd. is a company that concentrates on critical care medical equipment and has its manufacturing unit at Ahmadabad in India. They are India’s first manufacturer of turbine driven ventilators. The company produces high-end ventilators for classes such as Adult, Pediatric and Neonatal cases. They also produce latest calibration equipment and cutting-edge technology of ventilator and patient monitor systems that is revolution in Indian market. Some of their products include:
This ventilator can be used in ICU, PICU, NICU and in transport. This model is suitable for adult, pediatric and neonatal cases. It consists of advanced modes such as PRVC, APRV, BPAP, O2 Therapy, and NIV. This is a low maintenance ventilator that can give out of expiratory parameters, waveforms, loops, trend, lung mechanics and PV loop characteristics. The product is versatile, smart and intelligent with some additional features such as built in volume compensated nebulizer, three-hour backup with optional second battery for extended backup, breathe-by-breathe display of compliance and resistance with lung dynamics and P-V tool for lung recruitment.
| Address: |
Plot 9/10, Mahagujarat Industrial Estate, Opp. Daxal Cosmetics,B/h, GaayChaapBesan, Moraiya, Ahmedabad-382213, India. |
| Phone: |
+91 9327888333, +91 9328888994 |
| Email: |
info@lifelinebiz.com |
| Website: |
www.lifelinebiz.com |
- Trivitron Healthcare Pvt. Ltd.
Trivitron Healthcare Pvt. Ltd is a medical company which provides affordable healthcare solutions in Indian and global markets. The products manufactured by Trivitron are marketed for hospitals, Individual healthcare providers, independent clinics and laboratories. They produce a wide range medical equipment which makes them one of the leading manufacturers of medical equipment in India. The company manufactures and delivers the products to 165 countries with a family of 1500 employees in 25 offices with 1200 channel partners. Some of their products include:
- eVolution 3e Essential Ventilator
The eVolution 3e Essential Ventilator are available in two variants; External Compressor-based technology & Built-in Turbine-based technology. These ventilators are a result of a new paradigm shift in ventilator design that makes them extremely efficient and high performing. eVolution 3e is comprised of dual valve technology for precise breath delivery, High performance PSOL and active exhalation, High performance internal gas source Technology (in Turbine Versions), Comprehensive graphics and trending with event markers & Intra-hospital patient transport.
- Inspiration 7i Flagship Ventilator
Inspiration 7i Flagship Ventilator with Flagship Configuration is a highly versatile Ventilator that can operated with ease. With proven reliability, the Inspiration 7i offers one of the best warranty periods, as a standard along with one of the lowest cost of ownership in the industry. With Swiss pneumatic design, Inspiration 7i allows high performance PSOL valves to provide outstanding breath delivery to Neonate through adult patients. Inspiration ventilators feature an intuitive and easy-to-learn, comprehensive graphical user interface with user configurable screens.
- Inspiration 7i Ventilator 12.1
The Inspiration 7i Ventilator 12.1 Series is highly versatile and designed with the clinician in mind. Their patented Swiss pneumatic design allows high performance PSOL valves to provide outstanding breath delivery to Neonate through adult patients. In Inspiration7i Ventilator 12.1″ Screen, they offer one of the most comprehensive platforms on Inspiration ventilators, Inspiration ventilators feature an intuitive and easy-to-learn, comprehensive graphical user interface with user configurable screens. Ideal Body Weight start-up settings give the clinician a quick and safe initiation to ventilation.
- Inspiration 7i Ventilator
In Inspiration 7i Ventilator 12.1″ Screen, they offer one of the most comprehensive platforms on Inspiration ventilators, Inspiration ventilators feature an intuitive and easy-to-learn, comprehensive graphical user interface with user configurable screens. Ideal Body Weight start-up settings give the clinician a quick and safe initiation to ventilation. The large 12.1″ tilt/swivel Adjustable Monitor with bright LCD touch screen offers adaptive and flexible Graphic User Interface, which enables monitoring multiple graphic information continuously and simultaneously. This Ventilator is designed for sophisticated clinicians to seamlessly manage and utilize its rich features at the most competitive cost and efficiency. With proven reliability, the Inspiration offers one of the lowest costs of ownership in the industry.
A compact MTV 1000 ICU Ventilator that offers great convenience, high performance and ease of maintenance. MTV1000 is extremely portable and provides optimal respiratory care. MTV1000 is an Affordable and Reliable Multi-Purpose Ventilator with O2 Stream Mode that offers unique technology with high performance. The device is abreast of International Quality Standards.
- MTV1000 Portable Medical Ventilator
The MTV1000 Portable Medical Ventilator offers innovative convenience unique technology with high performance. It is a Fully Featured Multi-Purpose Ventilator with compactness, portability and user-friendly interfaces. MTV1000 Ventilator enables an operator to provide optimal Respiratory care. It is a Portable, light Weight Adult Pediatric Ventilator that can be used in ICUs, Emergency Rooms, Ambulances and Home Care centers. MTV1000 Provides Optional functions of Nebulizer. ETCO2 and SPO2 has the Facility of using High pressure Oxygen/Low Flow Oxygen. With Lab Viewer program, it is easy to maintain the Ventilator.
| Address: |
No.15, IV-Street, Abiramapuram, Chennai-600018, Tamil Nadu, India |
| Phone: |
+91 8048023405 |
| Website: |
www.trivitronhealthcare.net |
- Air Liquide Medical Systems Private Limited
In India, Air Liquide Medical Systems was formerly known as Electrocare Systems & Services. Since its incorporation in 1988, Electrocare was the authorized distributor for Taema ventilators and an indigenous manufacturer of ventilators in India. Until its acquisition by Taema in 2008, it also manufactured and marketed physiotherapy and surgical diathermy equipment. In the year 2009, Air Liquide Medical Systems was formed by the merger of three companies – Taema, Electrocare Systems & Services and MarkosMefar. Since then, Air Liquide Medical Systems has grown to become a well-known manufacturer of medical ventilators in India. The legacy of Air Liquide Medical Systems in India is built on two pillars from its origin– its innovative and high-performing products and its exemplary customer service. Even today, their customers remember the older ventilators that were in the market, namely – Cesar and Monnal D. The new generation products, such as Monnal T75, Monnal T60 and Monnal T50, continue to reflect their promise of innovation and high performance. Apart from the product line-up, it is their customer service that cemented the relationship with our customers. Be it in any part of the country, they are at their customer’s side to help them solve any challenges. Some of their products include:
- Osiris Medical Ventilators
This product is an assistance for emergency medicine which provides a complete range of transport, emergency and recovery room ventilators that is portable easy to operate. This equipment is compact, lightweight, with an important electrical autonomy and a fast battery charging system. Moreover, internal oxygen consumption is extremely low. User-friendly interface gives access to different settings such as integrated PEEP, alarms and ventilation modes.
- eXtrendXT Medical Ventilators
This product is a high-end ICU ventilator, for invasive and non-invasive ventilation, from adult to infant. It is designed for the most acute of pathologies thanks to its advanced monitoring tools. To allow medical teams to make the most of the clinical performance and functionalities of a ventilator, Air Liquide Medical Systems has developed eXtendXT, an exclusive ergonomic layout, for outstanding user-friendliness. The medical teams have the information and data they need at all times. eXtendXT has a complete, configurable monitoring system with many advanced monitoring capabilities.
- Monnal T75 Medical Ventilators
Monnal T75 is a simple, innovative ventilator, which is quick, convenient and safe to operate, making it ideal for a wide range of healthcare use. Monnal T75 is a new generation ventilator, for invasive and non-invasive ventilation, from adult to infant. It has been conceived for the most serious pathologies thanks to its numerous ventilation functionalities. Monnal T75This ventilator operates in varied clinical situations specific to every patient. Monnal T75 provides a new solution due to its high level of performance and polyvalence. It combines simplicity of use and servicing and an excellent integration in all different hospital’s environments.
- Monnal T60 Medical Ventilators
Monnal T60 has been designed for mobile medical intervention in all intensive care environments, both inside and outside of a hospital setting. It puts into the hands of transport medical teams the highest standards of ventilation for critical patients, adults, children and new-borns. Monnal T60 is the companion for medical care teams for better effectiveness. Monnal Natural Interface Monnal T60 is an optimal solution for fast and reliable access to emergency critical care. It provides effective respiratory support in the shortest possible time. Very intuitive to use, the Monnal T60 allows medical teams to quickly familiarize themselves with the ventilator and focus on vital treatment of the patient close to the patient.
- Horus 4 Medical Ventilators
Horus 4 is an advanced critical care ventilator which is suitable for adult to infant categories, for invasive and non-invasive ventilation. Horus 4 comes with a high-tech design and enables ventilator treatment to all patient categories in ICU, along with a choice of several modes, from invasive to non-invasive. The settings are simple using 2 configurable screens, dedicated to ventilation and monitoring, respectively. Horus 4 can be equipped with its ventilation monitor for a more detailed analysis. Direct access keys are used to select the patient category, ventilation and patient interface.
- Monnal T50 Medical Ventilators
Monnal T50 is an ideal ventilator for patients with chronic, as well as acute pathologies. It can be used in a wide range of environments from recovery ICUs to patients’ homes. Monnal T50 has intuitive features making it easy to use and highly sensitive towards patient demands. Monnal T50Monnal T50 is an intuitive and user-friendly ventilator which brings medical terms great ease of use at every stage. Its performance and versatility make it the ideal solution to adapt to any clinical solution. The triggers guarantee optimum synchronization whatever the patient’s age or profile. With its self-adjusting system, Monnal T50 maintains its full sensitivity for any actual leakage level.
- Orion Medical Ventilators
Orion is an entry-level critical care respirator which is suitable for adult to pediatric patients, for invasive and non-invasive ventilation in all ICUs and in emergency rooms. Orion has spontaneous mode with pressure support suitable for weaning. The pressure support and PEEP can be combined in all the modes from SIMV. It is operated with a single knob to set the various modes, parameters and alarm levels and then validated with a touch-button switch to validate the settings.
| Address: |
Plot No. 36, Annai Indira Nagar, Okkiyam, Thoraipakkam,
Chennai-203060, Tamil Nadu, India |
| Phone: |
044 4385 1117, +91 9840927352 |
| Email: |
service.almsindia@airliquide.com |
| Website: |
www.device.airliquidehealthcare.com |
A.B. Industries is a company in the field of designing and manufacturing of medical devices for mechanical ventilation since 1995. The company is producing ventilators with world-class quality. They have installed their product in all over India which have wide spread market such as in government hospitals, semi government organizations, corporate hospitals, midsize multi specialty hospitals and town level small sized healthcare facilities. The company also distribute the ventilators to countries like Malaysia, Sri Lanka, UAE, Bangladesh, Turkey, Congo, Ethiopia, Papua New Guinea, Nepal and Kabul. Some of their products include:
PROTON-plus is full point to your search. PROTON-plus has the widest choice of modes to treat every patient. It has basic modes to ventilate fully paralyzed, passive or active patients. PROTON-plus offers solutions to ventilate complex patients where therapist needs Advanced Modes, AUTO Modes or Spontaneous Modes. These modes not only offer mechanical ventilation but also provide utmost safety and backup ventilation to patients. The Non-Invasive Modes allow access to quick ventilator support prior to intubation and easy weaning after extubation.
MAX offers a compact, portable, self-contained multipurpose ventilator suitable for pediatric and adult ventilation. Respimax-Plus is compatible for all applications where invasive mechanical ventilation is required. Respimax-Plus does not require compressed air from external source as it has own internal pressure-flow generator. This feature enables Respimax-Plus to be an ideal choice for ICUs where centralised compressed air is not available. MAX ventilators are designed for consistent performance, high functional reliability and low cost of ownership.
NEO is a multipurpose ventilator which is fully electrically driven. This ventilator works with any gas in it. The Neo ventilators can be used with wide variety of Anesthesia Circuits. It also provides a simpler user-interface in comparison to conventional ventilators in the market. This ventilator has additional features like power saving, light weight, low maintenance, low cost for ownership and tropicalized design which is suitable for harsh environments.
| Address: |
Max Ventilator, A.B. Industries 796, G I D C Makarpura, G I D C Makarpura, Vadodara-390010, Gujarat, India |
| Phone: |
+91 77779 66699 |
| Email: |
sales@max-ventilator.com |
| Website: |
www.maxventilator.com |
Narang Medical Limited is one India’s leading manufacturer and supplier of medical equipment, surgical instruments and hospital supplies. The company was established in 1950 and is operating its business from Delhi. At present the company distributes their products globally with an average export growth rate of 40%. They supply their products for hospitals, doctors and clinics, and for patients at home. Some of the products include:
- AN340 – ICU Ventilator Venturi Model
AN340 – ICU Ventilator Venturi Model is a high-quality product and is trusted all across the globe. AN340 – ICU Ventilator Venturi Model is being manufactured and supplied by them as a result of their reputation for excellent product quality, friendly service and professional approach. This ventilator comes with a 10.4” TFT LCD touch screen display ventilation parameter, alarm information and oscillogram. The venture effect technology ensures the machine works normal without air source. The product also has a high temperature resistance breathing circuit and it is mobile on 4 castors with two brakes.
- AN350 – Ventilator with Pressure and Volume Control
AN350 – Ventilator with Pressure and Volume Control is a high-quality product and trusted all across the globe. AN350 – Ventilator with Pressure and Volume Control is being manufactured and supplied by them as a result of their reputation for excellent product quality. The features of this product are 12.1” TFT LCD screen display the ventilation parameters, alarming information and waveform. It consists of a three level alarming system. There is built-in power backup and self-check during runtime.
- AN350+ – ICU Ventilator Pediatric
The ICU Ventilator is a state-of-the-art ventilator that’s simple to configure, easy to operate and versatile in use. It treats pediatric and adult patients with all acuity levels at ICU and Intermediate Care. With its comprehensive list of standard features, including the latest modes of ventilation, the ICU Ventilator is appropriate for all levels of patient acuity and in all care settings, from the patient’s bedside to transport to another point of care.
- AN360 – Portable Emergency Ventilator
Portable Ventilator is used for First-Aid, Ambulance, Emergency situation and patients’ transport in hospital. It is used for both pediatric and adult patients. It can work in Three Power sources such as AC, DC and internal Battery (8 hours). The Multi Oxygen source provides Gas supply on wall, in ambulance and portable 2 litres oxygen cylinder. This product consists of optional Carrying Package, 2L Oxygen Aluminum cylinder and Oxygen Bridge Hanging Rack.
| Address: |
25, Nanddeep Industrial Estate, Kondivta Lane, Andheri East, Mumbai – 400059, Maharashtra, India |
| Phone: |
91-11-45554000 |
| Email: |
NET@narang.com |
| Website: |
www.narang.com |
AVI Healthcare Pvt Ltd was established in 2009, with the vision of providing quality healthcare in India at affordable costs. They have developed and marketed the Brand “AVI” through consistent investments in innovation, technology and quality control in healthcare. AVI has been constantly innovating by customizing its products as per doctor’s needs and demands. With a goal of providing safest medical technology, AVI Healthcare has been in forefront in implementing quality control systems like ISO 13485:2016 and acquiring international quality standards like CE. AVI is a company which work with World Bank to assist in the projects by supporting the government bodies. They mainly concentrate on neonatal ventilators. Some of their products include:
- Neonatal Transport Ventilator
This is an award-winning ventilator, which is easy to transport as it meets the requirements like portability, light weight, robust and is able to function in demanding environment with very little maintenance.
| Address: |
25, Nanddeep Industrial Estate, Kondivta Lane, Andheri East, Mumbai – 400059, Maharashtra, India. |
| Phone: |
+91 22 28326240, +91 22 28320452, +91 66926066, +91 93222 94345, +91 98202 28952 |
| Email: |
sales@avihealthcare.com |
| Website: |
www.avihealthcare.com |
- Skanray Technologies Pvt. Ltd.
Skanray is a leading international healthcare technology company specializing in High Frequency X-Ray Imaging Systems, Critical Care, Dental Care, Primary Healthcare & Telemedicine devices. The company’s vision is to aid Primary Healthcare with products of International quality and performance and provide these products at an affordable level to the rural population of the world. Skanray does this by combining the latest in technology with simplicity of design, innovation and high performance for efficient patient care. Skanray’s products are designed to comply with international quality & safety standards such as UL, CE, FDA, ISO 13485, ISO 9001 and AERB.
SkanRespiro Plus is a Pediatric to adult ICU Ventilator with advanced compressor design. This product comes with Volume & pressure-controlled breath types. There are both invasive and non-invasive options. The ventilator comes with a built-in nebulizer port. There is battery power back of 4 hours. This product easily integrates with Skanray’s Pranaa medical air compressor.
Skan-Respiro is an elite product which can be operated for pediatric to adult ICU ventilator with advanced compressor design. It is provided with volume and pressure controlled breath types. The product comes with both invasive and non-invasive applications as standard. There is an in-built nebulizer port along with this product. There is a 4 hours battery backup and this product easily integrates with Skanray’s Pranna medical air compressor, which is optional.
| Address: |
Plot No. 15-17, Hebbal Industrial Area
Mysore 570 016 |
| Phone: |
+91 82124 15559 |
| Website: |
www.skanray.com |
- Medion Healthcare Pvt. Ltd.
MEDION HEALTHCARE PVT. LTD., formerly known as “Meditronics Sales & Services Pvt. Ltd.”, is an Indian based company that was established in the year 1996 as a trading arm of India’s largest manufacturer of Medical X-ray Systems, C-arm Image Intensifiers and Lithotripters. Established as a trading company, it gradually grew to become a manufacturer & exporter of Anesthesia Delivery Equipment, Air compressors & Ambulances. Today, Medion Healthcare mainly works in the field of Operating Room, Critical Care, Life Support, Imaging and Mobile Healthcare. Some of their products include:
This Ventilator provides advance ventilation capabilities at a highly affordable rate. Alitma comprises state-of-the-art technology as a result of relentless pursuit of innovation. Alitma also provides ergonomically designed and aesthetically enhanced ventilators with a pleasing visual appearance. The product is universally applicable to the entire Patient Range from Neonates to Adults. The product is dedicated for Intensive Care use (I.C.U.) with advance modes of Ventilation and Lung Mechanics.
This product is a portable ventilator which is designed for easy transportation. TransventPlus is a compact, rugged and sturdy transport ventilator that is also remarkably cost-efficient. It is ergonomically designed and aesthetically enhanced with a pleasing visual appearance. This product is universally applicable to the entire Patient Range from Infants to Adults. This product is intuitive & feature-rich transport ventilators with display screens with low cost of ownership. It is designed specifically for transport and Life Support Ambulances
| Address: |
K49, Additional MIDC, Thakur pada, Next to MSEB Power Substation, Ambernath (E) – 421506 Maharashtra. |
| Phone: |
+91 74100 26561, +91 74100 26562 |
| Email: |
sales@medion.co.in |
| Website: |
www.medion.co.in |
OneBreath Inc is a new company in the ventilator market which is founded by physicians and engineers at Stanford University. OneBreath is an international medical device company with a mission to advance healthcare in emerging countries. They focus on enabling their customers to incorporate world-class technologies using products designed for their unique environments. Right now, the company’s business is operated from Bangalore, India and Palo Alto, USA. Some of their products include:
OneBreath’s initial offering is a ventilator intended for use in ICUs, emergency rooms, and ambulances. The OneBreath ventilator is designed to provide continuous respiratory support for infants through adult patients. It is optimized for low resource environments and designed for novice through advanced users. The product is expected to hit the market soon with features for advanced ventilation modes including VTPC, AC, SIMV +PS, and PSV. Their product comes with intuitive touchscreen interfaces with real-time waveforms and Wi-Fi/Bluetooth connectivity. The product can operate on internal compressor or external oxygen and compressed air and this product is expected to come with long-lasting rechargeable batteries.
Author: Kailesh
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Jul 13, 2020 | General
Bill Gates had predicted in 2015 that the global catastrophe killing millions of people would most likely be a highly infectious virus, not nuclear missiles as everyone thought. If you have missed this popular one, you can watch the video here: https://www.youtube.com/watch?v=6Af6b_wyiwI.
Now, digest this. Four years on, in their annual report on global preparedness for health emergencies, the Global Preparedness Monitoring Board in September 2019[1] specifically warned that there is a very real threat in the near future of a rapidly moving, highly lethal pandemic of a respiratory pathogen killing anywhere between 50 to 80 million people and wiping out nearly 5% of the world’s economy.
In a connected, digitally-enabled world that has increasingly spent billions on technological progress, nuclear deterrents, consumer products, AI enabled predictive models and sciences and even diagnostic healthcare spends, it is appalling that leaders across the world and global watchdogs alike including the WHO have ignored all warning signs of the impending catastrophe.
The GPMB states that large scale viral outbreaks have been on the rise for the past several decades and this trend will likely continue. Even as the world scrambles to battle the COVID-19 pandemic with no long-term planning, my fear is that the next wave of this epidemic, or the next muted virus will be more severe, with consequences much worse. The COVID-19 crisis is a clarion call for a globally synchronized Disaster Management Program that needs to be implemented at regional levels, in every single country, to ensure this nightmare doesn’t repeat.
Here are my thoughts on WHY and HOW governments and international healthcare regulatory bodies must act today to set up effective Disaster Management Programs to save us from existential crisis.
- More active role by global entities like the WHO: The modern, uber-connected world is symptomatic of a lifestyle unimaginable two decades ago. The globe has shrunk with transnational supply chains and frequent international travel – both magnifying the extent of infection spread and subsequent economic and social impact as we are experiencing with COVID-19. [2] As I mentioned in my paper on The New Socio-Economic Normal After the Coronavirus Pandemic, COVID-19 has driven home the fact that no single institution or country, however developed, can step up adequately to address the impact all by itself. This reiterates the need for extensive international co-ordination, communication and collaboration in the prevention of infectious diseases. It calls for arduous and obsessive governance by stakeholders like the WHO and Global Technical Council on Infectious Disease Threats. These organizations need to rise beyond mere policy making and arbitration to ensure effective planning, governance, regulation, implementation of necessary measures and contingency efforts while providing necessary leadership and support to countries globally.
- Disaster Management planning is not equal to healthcare spends: Globally, statistics reveal that spends in healthcare on research in non-communicable diseases, advancements in procedures and precision medicine have increased substantially in the last decade. For instance, the US spent nearly 16.9% of their GDP on health, and Italy and Spain – 9% of their GDP. And yet, these are some of the countries most unprepared and impacted by COVID-19. Mc Kinsey and Company’s report suggests it could take the US and Eurozone economies up to 3 years to recover from the impact of COVID-19.[3] The next epidemic will likely take global powerhouses even longer to recover from if we do not act now to focus on proactive disaster management.
- Increased investment in research: Research spends globally on infectious diseases has been flagging in recent years. Across the world, nations have followed a cycle of panic and neglect when it comes to pandemics: we step up efforts too late in the cycle – when in the eye of the storm, and then quickly forget about them when the threat subsides. The key to controlling the impact of pandemics lies in proactive research and preparedness to minimize the social, health and economic impact of the outbreaks at a global level. According to the NCBI, a commitment of an incremental $4.5 billion USD per year would make the world much safer. There must be continuous study, transparent knowledge-sharing, research collaboration, and a sustained exchange program of talent, skill and technology to ensure equitable access to the latest in preventive research. This is the ONLY way the world will survive another disaster such as this.
- Proactive and dedicated Disaster Management Program: It is well past time to act and budget specifically for a Disaster Management Program. Governments needs to specifically pump up preventive research funding in biological sciences, homegrown pharmaceutical companies and biotechnology. This must also include provisioning for healthcare infrastructure, material, emergency supplies and medical equipment, PPE, home-grown technology and know-how. Equally important, healthcare professionals and workers across the country must mandatorily attend Disaster Management Program certifications. Collaboration between government healthcare institutions and private sector hospitals will help train caregivers, doctors and nursing staff on the basics and essentials of caregiving during pandemic times. The Disaster Management Program must be a comprehensive, proactive, preventive program that is carried out as a centralized, national policy, a defined part of the union budget/plan. It cannot be a reactive measure as is the case today.
According to the United Nations Office for Disaster Risk Reduction (UNDRR), even the most conservative models suggest that pandemic risks are on par with other high-profile economic threats, including climate change or natural disasters. Even as we struggle to cope with COVID-19, it would bode well for us to start preparing for the next inevitable viral wave. It is time to focus on turning off the tap with an effective Disaster Management Program in place, instead of spending all our efforts on mopping the floor, costing us millions of precious lives and the economy, years of recovery.
Author: Dr. Srivats Bharadwaj, MDS, Chairman & CEO, Vatsalya Dental
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May 7, 2020 | Indian Patents Act 1970, IPR & Business
Microorganisms are defined as minute organisms that are invisible to the naked eye. A wide range of organisms come under the umbrella of microorganisms, such as bacteria, fungi, virus etc. While their applications are many, microorganisms are essentially found in nature, for the purposes of patents they are considered products of nature and therefore not patentable. In this article, we will take a look at the path that led to establishment of patentability of genetically modified living organisms. We will be discussing Diamond v Chakrabarty, a landmark case that paved the way for wide interpretation of subject-matter for issuance of a patent and led to patenting of human made living organisms.
Facts of the case
- Ananda Mohan Chakrabarty, a genetic engineer working at General Electrics invented a bacterium known as Pseudomonas Putida capable of breaking down crude oil, proposed to aid in treating oil spills.
- A patent US4259444A for the same was filed in the United States by General Electric with Chakrabarty as the inventor. The patent was rejected on the basis that bacteria are living organisms that are naturally occurring.
- The bacteria in question here was genetically modified to incorporate multiple plasmids, each capable of breaking down different hydrocarbon components of the crude oil, into a single bacterium.
- This patent claimed:
- how the bacteria was produced i.e the process detailing the combining of two or more plasmids
- an inoculum with carrier material and the bacterium
- the species of bacteria itself
While the first two claims were granted the third was rejected on the grounds that living organisms are not patentable as given under Title 35 of the USC, on appeal to the Patent Office Board of Appeals this rejection was upheld.
However, the Court of Customs and Patent Appeals reversed the rejection on the grounds that the state of being alive is of no legal significance in the issue of patentability.
The then Commissioner of Patents and Trademarks, Sydney Diamond took this case to the Supreme Court where the decision of the Court was reaffirmed.
The issue before the court
The main issue in this case was whether a living organism like bacteria that is man-made be patented or not.
The arguments advanced by both parties are as follows:
Arguments by the Petitioner – Sydney Diamond
- The petitioners had two arguments, firstly that The Plant Patent Act, 1930 and Plant Variety Protection Act, 1970 point toward clear Congressional understanding that “composition of matter” and “manufacture” of Sec 101 are not inclusive of living organisms.
- They claimed that the above-mentioned acts would be rendered useless if the section included living organisms in its scope.
- Secondly it was argued that protection cannot be granted to microorganisms as genetic technology was not in use when Sec 101 of title 35 of USC was enacted.
Arguments by the Respondent – A.M Chakrabarty
- The respondent’s claim to bacteria was not based on any naturally occurring bacteria but a product of ingenuity which could be classified as a manufacture or composition of matter.
- The Plant acts listed by the petitioner, were enacted to distinguish between non naturally occurring and products of nature and not between living and nonliving organisms.
- The language employed in Patent laws such as the use of expansive terms like ‘manufacture’ and ‘composition of matter’ point towards room for wide interpretation.
Judgement
The Supreme Court of the United States taking note of the arguments and in light of previously decided cases held that:
A live, human-made microorganism is patentable subject matter under Sec 101. Respondent’s micro-organism constitutes a “manufacture” or “composition of matter” within that statute. Pp. 447 U. S. 308-318.
(a) In choosing such expansive terms as “manufacture” and “composition of matter,” modified by the comprehensive “any,” Congress contemplated that the patent laws should be given wide scope, and the relevant legislative history also supports a broad construction. While laws of nature, physical phenomena, and abstract ideas are not patentable, respondent’s claim is not to a hitherto unknown natural phenomenon, but to a non naturally occurring manufacture or composition of matter — a product of human ingenuity “having a distinctive name, character [and] use.” Hartranft v. Wiegmann, 121 U. S. 609, 121 U. S. 615. Pp. 447 U. S. 308-310.
(b) The passage of the 1930 Plant Patent Act, which afforded patent protection to certain asexually reproduced plants, and the 1970 Plant Variety Protection Act, which authorized protection for certain sexually reproduced plants but excluded bacteria from its protection, does not evidence congressional understanding that the terms “manufacture” or “composition of matter” in Sec 101 do not include living things. Pp. 447 U. S. 310-314.
(c) Nor does the fact that genetic technology was unforeseen when Congress enacted Sec 101 require the conclusion that micro-organisms cannot qualify as patentable subject matter until Congress expressly authorizes such protection. The unambiguous language of Sec 101 fairly embraces respondent’s invention. Arguments against patentability under Sec 101, based on potential hazards that may be generated by genetic research, should be addressed to the Congress and the Executive, not to the Judiciary. Pp. 447 U. S. 314-318.”
So, the judgment of the Court of Customs and Patent Appeals was affirmed, and although generally naturally occurring products are not granted patents, growth in genetic technology owing to development of modern science has made way for some interesting exceptions and inclusions as this case of Pseudomonas bacteria aptly illustrates. Thus, General Electric with Ananda Chakrabarty was granted a patent to these claims.
Author: Vaishnavi Srinivas, RV Institute of Legal Studies
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