Indian Patent Office launched Dynamic Utility View

On 13 September 2013, CGPDTM launched the Dynamic Utility interface to view the disposal status of various patent applications spanning respective technology examination groups. The dynamic real time display illustrates well assorted panels like month and year selection. The display also categorizes patent applications under various technology examination groups i.e. Electronics, Mechanical, Chemical and Biotechnology respectively. The number of patent applications Granted, Refused and Abandoned u/s 21(1) for the specific patent office, month and year can be accessed via the interface. For details click here.

Madrid Protocol: Indian entry

As per the latest notification on the IPO website, the provisions related to the registration of International Trade Marks under Madrid Protocol came into force on 8^th July 2013. Additionally, the provisions  of the Trademarks Amendment Rules (2013) came into effect on the very same day. Notification can be accessed here. 

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Trendspotting Intellectual Property

 

We often see firms concentrating on trendspotting the latest business fads and replicating popular innovations. Amidst this it is equally crucial to eye on spotting the latest intellectual property trends. “Licensing Out“ the patented technology is one such trend that has been there for quite some time. Building a fruitful licensing program shall fall into the “to do’s” list of all technology oriented firms. Regular check on updates, review and assessment of agreements, terms and conditions can shape up a licensing program to ensure better revenues and capture the essence of inherent Intellectual Property value of the assets.

Another popular course is the IP portfolio sale. In the recent times , patent sales have been one such phenomenon that garnered the headlines. Whether it’s Kodak’s Digital Imaging patents sale, Nortel’s  telecommunication patent portfolio sale or Motorola Mobility’s mobile and wireless patents sale, all these firms have managed to generate appreciable revenues from their underlying IP assets. 

Patent Pooling is another such IP trend where companies agree to cross-license their patents in a consortium called patent pool. The prime vantage is the fact that you stop counter suing each other! On a more serious note, Patent pooling is one potent IP strategy in today’s competitive technology scenario where patents tend to have overlapping and interconnected patent claims. Expensive litigation and costly follow ups can strain the financial backbone of many firms. Patent pools, thus offer a strategic solution in the light of abovementioned issues. 

IP Mortgaging is another strategy on the block. Patentees may use their patents, trademarks and designs as a security or collateral for potential loans. Thus, maximizing the benefits of their inherent IP assets. Trendspotting not only cast insights on the current IP practices but also lay foundation of a strong IP program for your organization.  We hope the current intellectual property trends continue to foster innovation, security and most importantly the growth of IP assets.

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Patent thickets: Do we need white spacing

Intellectual Property rights play a crucial role in the holistic development and protection of IP assets of your organization. For a brief moment think about the umpteen patents filed within a year under software or mobile technology domain. Definitely the count is high and likewise is the case for other booming technology wizards. The race for securing a patent starts from the very stage when an idea is conceived and goes on till you secure one. Eventually this leads to the ever-growing and overlapping, dense web of technology patent rights, also termed as Patent thickets. If your Tech organization is planning for securing patents, make sure you successfully pave your way through this dense cloud to commercialize your potent technology. 

There have been many debates across the IP community on Patent thickets contributing to technological complexities and acting as innovation barriers. The need of the hour is to Whitespace the patent landscape and spot the potential areas of interest. Whitespacing will  result in recognizing technology areas with little or lacking patent activities thereby lending you an exclusivity in the global marketplace. Patent Whitespace analysis could be a potential remedy for patent thickets and innovation black holes. Thus, organizations shall enforce resultant patent whitespace data for R&D and overall innovation. We hope this approach holds promise to pave your organization's way through patent thickets. 

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ALIMTA's Patent: A stronger foothold?

Pharmaceutical patents have always been in the limelight worldwide. While the drug manufacturers face a stiff competition from the ever-expanding generics market, acquiring timely patents on new drugs ensure firm market foothold and pose potential barriers to entry. The much talked about Eli Lilly’s lung cancer drug patent on ALIMTA set to expire in 2016 , raising questions on the overall market sales and stringent competition from the generics drug market thereafter. But thanks to ALIMTA’S “method of use patent” (popularly known as '209 patent) aimed at the method of administering antifolate to mammals. 

 Even though the basic patent on the lung cancer drug ALIMTA is about to expire in the year 2016, Eli Lilly’s latter patent ('209) which is set to expire by the end of 2021 could potentially keep ALIMTA’s generics on hold. Reason being the very fact that '209 patent covers the specific method of administering the lung cancer drug ALIMTA and its dosage procedure which apparently happens to be mentioned on the drug’s label as well. Eli’s attempt to safeguard its popular drug by "method of use" based supporting patent ‘209 could prove to be a smarter move when annual sales of ALIMTA are expected  to rise to $3.5 billion by 2016. 

On the other hand defendants and generic drug manufacturers tend to legally argue the validity of the ‘209 patent. Details can be accesses here. Recently many Pharmaceutical giants faced massive competition from the generic drug industry upon patent expiry thereby leading to slashed sales and overall revenues. Eli’s efforts to protect its basic drug patent with supporting “method of use" based patents could potentially hit the bull’s eye and possibly initiate a trend of such supporting patents. 

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