a) Lack of in-house resources
b) Cost containment
c) Time crunch for deliveries
d) Helps control IP investments
e) None of the above
Please specify any others
Vote and see at: http://polls.linkedin.com/poll-results/67295/tfldm
Monday, November 23, 2009
Monday, July 6, 2009
Omnibus Claims
Omnibus is the Latin word meaning "for all, for everyone," and as per the dictionary, one of the meaning is “a printed anthology of the works of one author or of writings on related subjects”. Patent claims are expressions, usually follow the description of the invention in a patent or patent application, and define, in technical terms, the extent of the protection conferred by a patent or by a patent application, when applicable. They are of the utmost importance both in examination proceedings and in litigation, for instance during infringement actions. There are two basic types of claims: independent claims and dependent claims. Claims further can be defined as Jepson claim, Markush claim, Means-plus-function claim, Product-by-process claim, Swiss-type claim and Omnibus claim based on the structure.
Omnibus claims are common in UK and Indian patent practice. They are worth including while filing a patent application. They do have to be drafted carefully to avoid including prior art embodiments. Omnibus claims are not allowed in U.S. patent applications and should be rejected by the patent examiner because such claims are indefinite. See MPEP § 2173.05(r).
An omnibus claim is usually added as the last claim in order to include the drawings and description within the scope of the claims. So, while the claims put boundaries of what is being claimed as invention, the omnibus claim expands those boundaries to include the parts of the invention mentioned in the specification and drawings but not expressly mentioned in the claims. The omnibus claim is usually used in order to ensure that nothing that has been mentioned in the description and drawings has been left out of the claims. In India, it is possible to exclude an omnibus claim. The Indian Patent Office does not require the inclusion of omnibus claims, and in fact, specifies in its Manual of Patent Procedure that omnibus claims are allowed only if the specification includes a statement of invention. However, omnibus claims are very useful in ensuring that any aspect of the description that has been omitted by accident will be incorporated by reference. For this reason, it is recommended to include omnibus claims for the sake of protecting whatever is disclosed in the drawings and specification apart from the claims. Probably it’s just a tool used by patent drafters now to 'feel' safe that they have covered everything.
Omnibus claims are common in UK and Indian patent practice. They are worth including while filing a patent application. They do have to be drafted carefully to avoid including prior art embodiments. Omnibus claims are not allowed in U.S. patent applications and should be rejected by the patent examiner because such claims are indefinite. See MPEP § 2173.05(r).
An omnibus claim is usually added as the last claim in order to include the drawings and description within the scope of the claims. So, while the claims put boundaries of what is being claimed as invention, the omnibus claim expands those boundaries to include the parts of the invention mentioned in the specification and drawings but not expressly mentioned in the claims. The omnibus claim is usually used in order to ensure that nothing that has been mentioned in the description and drawings has been left out of the claims. In India, it is possible to exclude an omnibus claim. The Indian Patent Office does not require the inclusion of omnibus claims, and in fact, specifies in its Manual of Patent Procedure that omnibus claims are allowed only if the specification includes a statement of invention. However, omnibus claims are very useful in ensuring that any aspect of the description that has been omitted by accident will be incorporated by reference. For this reason, it is recommended to include omnibus claims for the sake of protecting whatever is disclosed in the drawings and specification apart from the claims. Probably it’s just a tool used by patent drafters now to 'feel' safe that they have covered everything.
Tuesday, May 19, 2009
Lab Auctions ..................................................
We have heard of art auction site to merchandise auction site but did we anytime heard about industrial equipment auction site, the answer might be "No". Yesterday while I was browsing through some site I saw some we blink for lab auction, we can access this site through http://www.equipnet.com/, here you have webinar auction of varied system for industrial use, and mode of payment is like general auction sites like eBay and rediff auctions.But what about the guarantee of the product, that is the main issue which comes in my mind, how can we rely on such sites?
Friday, May 15, 2009
Pfizer: offering Prescription drug to Unemployed
During this current recession Pfizer came forward with a new initiative named MAINTAIN program which stands for "Medicines Assistance for Those who Are in Need" For those who have lost their job from January 1st 2009 and having financial need and have been taking Pfizer medication for at least three months before losing their job and have no prescription drug insurance.Enrollment and acceptance in the program will help the unemployed and their family’s s to access and receive Pfizer prescriptions free for one year.It’s great to know that world's largest conglomerate is working for a cause :)
Thursday, May 7, 2009
Technology licensing vs. Product licensing
License are granted for business, products and technology. Business licensing is only concerned with manufacturing, sales and marketing of goods. IP professional are not much concern with this class of licensing. Product licensing relates to transactions that enable a buyer to duplicate and produce molecule or a device that has already been proven by the seller. In this kind of situations, the buyer will need essential surroundings to make profit from the license.
Technology licensing in itself a huge field, actually deals with licensing of non-tangible property rights generated by R&D activity a company and in most of the cases protected by one or another kind of IP. This kind of transactions mainly designate transactions for pre-commercials designs, data, R&D concepts, business plans, method of manufacturing and patents covering them. Technology licensing is becoming an increasingly important transaction category.
As we discussed, technology rights are usually expressed in three important form of IP such as patent, trade secret and copyrights. One of the requisite for technology licensing is technology valuation. It would be assumed that IP protection exists when considering the valuation of technology. Hence, we actually value IP. The extent and strength of IP protection are dimensions of a technology valuation.
Measure of R&D, patenting and licensing is available through Association of University technology managers (AUTM) http://www.autm.org/. But off course, there are some issues with technology licensing. In technology licensing, there is no past history. The issue of forecasting play a major role, all data needs to be developed from sketch. Over all uncertainty in technology licensing is higher then product or business licensing. This difference can be narrowed by skillful due diligence and analysis.
Technology licensing in itself a huge field, actually deals with licensing of non-tangible property rights generated by R&D activity a company and in most of the cases protected by one or another kind of IP. This kind of transactions mainly designate transactions for pre-commercials designs, data, R&D concepts, business plans, method of manufacturing and patents covering them. Technology licensing is becoming an increasingly important transaction category.
As we discussed, technology rights are usually expressed in three important form of IP such as patent, trade secret and copyrights. One of the requisite for technology licensing is technology valuation. It would be assumed that IP protection exists when considering the valuation of technology. Hence, we actually value IP. The extent and strength of IP protection are dimensions of a technology valuation.
Measure of R&D, patenting and licensing is available through Association of University technology managers (AUTM) http://www.autm.org/. But off course, there are some issues with technology licensing. In technology licensing, there is no past history. The issue of forecasting play a major role, all data needs to be developed from sketch. Over all uncertainty in technology licensing is higher then product or business licensing. This difference can be narrowed by skillful due diligence and analysis.
Wednesday, April 29, 2009
World IP Day Celeberation in India
It was the occasion of celebrating word IP day in India. The joint secretary of DIPP, Ministry of Commerce and Industries, Government of India, Mr. N.N Prasad was addressing the IP community. He told that India is making right move in development of robust IP system and very soon patent office is going to operationalize authority for ISR and IPEA. It is a movement of proud for IP community that India has been awarded such a status.
He told that the government is also putting efforts to protect our traditional knowledge. There has been misappropriation of Indian traditional knowledge in past for e.g. turmeric, basmati and now Yoga. He also discussed about hurdles coming in the way of transaction of generic drugs to other countries, since Indian is one of the biggest generic drug exporter.
Mr. Madhav Lal, the additional secretary and development commissioner for micro, small and medium size industries also shared his views on this occasion. He advised that Indian SME’s need more orientation for protection of their inventions.
The government has come up with various responses from time to time such as national competitive program with 280 crore rupees. This would help in building awareness for intellectual property and creating sensitization in SME plus conducting training. Ministry also has a plan to organize around 150 IP related programs over the period of 5 year and conducting pilot studies which would be a silent feature to support IP facilitation. He told the government has started another scheme under which concept of idea incubation and funding for its nurture has been introduced. Twenty five institutes have been approved under this scheme, assisting 6.25 lakh rupees per year for each idea and each institute would get fund for 10 ideas per year. Award giving program is also introduced. The objective of award is to promote inventors. Finally, Mr. Lal told that main barrier for SME is lack of resources, confidence, reliability and ministry is helping them to come over it.
He told that the government is also putting efforts to protect our traditional knowledge. There has been misappropriation of Indian traditional knowledge in past for e.g. turmeric, basmati and now Yoga. He also discussed about hurdles coming in the way of transaction of generic drugs to other countries, since Indian is one of the biggest generic drug exporter.
Mr. Madhav Lal, the additional secretary and development commissioner for micro, small and medium size industries also shared his views on this occasion. He advised that Indian SME’s need more orientation for protection of their inventions.
The government has come up with various responses from time to time such as national competitive program with 280 crore rupees. This would help in building awareness for intellectual property and creating sensitization in SME plus conducting training. Ministry also has a plan to organize around 150 IP related programs over the period of 5 year and conducting pilot studies which would be a silent feature to support IP facilitation. He told the government has started another scheme under which concept of idea incubation and funding for its nurture has been introduced. Twenty five institutes have been approved under this scheme, assisting 6.25 lakh rupees per year for each idea and each institute would get fund for 10 ideas per year. Award giving program is also introduced. The objective of award is to promote inventors. Finally, Mr. Lal told that main barrier for SME is lack of resources, confidence, reliability and ministry is helping them to come over it.
Tuesday, April 28, 2009
The next blockbuster in queue..........
Rapamycin (sirolimus) derivative Everolimus (RAD-001) was developed and marketed by Novratis, Earlier the product was approved as immunosupressant under trade name Certican for rejection in heart transplantation and lately it was approved as an drug for treating kidney cancer and currently many researchers are considering the use of Everolimus and other mTOR inhibitors for different types of cancers...so wait for a new cancer blockbuster is not long :)
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