VEPACHEDU
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| The Andhra
Journal of Industrial News |
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| Chief
Editor: Sreenivasarao Vepachedu,
PhD, JD, LLM |
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Issue 8 |
5106 Kali Era , taarana
Year, kaartika month
2062 Vikramarka Era, taarana Year, kaartika month 1926 Salivahana Era , taarana Year, kaartika month 2004 AD, November |
Contents
Patent News: Profit from Ideas
Patent Cooperation Treaty
Multiple Sclerosis
Acne Treatment
linked to Birth Defects
Infosys and Microsoft
DomainKey authentication
IT leader India
Asian Genome
Patent Cooperation Treaty
Imagine you have an
invention. In order to protect your invention from thieves and imitators
in today's global economy, you need patent protection in the entire world.
Every country has its own laws and you need to comply with those laws.
Accordingly, you are required to get patent protection in each individual
country you are interested in. If you were required to file an independent
patent application in each country of interest even when you didn't know
anything about the market success of your invention in that country, it would
require a large investment to meet costs towards filing fees, translation
charges and attorney fees. Further, you would be forced to make up
your mind in a short time to file in various countries, whether they were
relevant or not. Wouldn't it be nice and convenient if you could file
a single application with an international organization designating several
countries of your interest and have the ability to file your application
in only few of the initially designated states later, without losing any
rights? Fortunately, the answer is "yes, you can, thanks to PCT."
The patent cooperation treaty (PCT) is a multilateral treaty that came into force in 1978. Through PCT, an inventor of a member country (Contracting state of PCT can simultaneously obtain priority for his/her Invention in all/ any of the member countries, without having to file a separate application in the countries of interest, by designating them in the PCT application. All activities related to PCT are coordinated by the World Intellectual Property Organization (WIPO) located in Geneva. Bhaarat (the Indian Union) joined the PCT on December 7, 1998; four years after communist China and twenty years after America, Russia and other first world countries joined the treaty. The PCT offers an alternative route to filing patent applications directly in the patent offices of those countries, which are Contracting States of the PCT. It does not preclude taking advantage of the priority rights and other advantages provided under the Paris Convention and the WTO administered Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement). The PCT provides an additional and optional foreign filing route to patent applicants.
The citizens/residents of different member countries, seeking grant of a Patent in more than one member country, can file an 'International Application (IA)'. The IA must be filed in the prescribed receiving Office (RO). The RO functions as the filing and formalities review organization for IAs. Each contracting state designates the national patent office and/or any other offices as ROs for receiving patent applications. The United States Patent and Trademark Office and the International Bureau of the World Intellectual Property Organization will also act as a Receiving Office for U.S. residents and nationals. Indian nationals and residents are eligible to file in the Patent Office, Kolkata, and its branch offices at New Delhi, Mumbai, Chennai and the International Bureau, Geneva, Switzerland.
Thus, the Patent Cooperation Treaty (PCT) enables the U.S. applicant to file an IA in a standardized format in English in the U.S. Receiving Office (the U.S. Patent and Trademark Office), and have that application acknowledged as a regular national or regional filing in as many Contracting States to the PCT as desired, for IAs filed on or after January 1, 2004. The filing of an IA will automatically constitute the designation of all contracting countries to the PCT on that filing date. Consequently, the PCT enables foreign applicants to file a PCT IA in their home language in their home patent office and have the application acknowledged as a regular U.S. national filing.
However, such applications are subject to 'International Search' for the establishment of prior art. These applications are referred to International Searching Authorities (ISA) appointed to carry out the patent search on a global basis. ISA is usually the National Patent Office, which fulfills the criteria of having access to patent literature of various countries from 1920 onwards. The basic functions of the International Searching Authority (ISA) are to conduct a prior art search of inventions claimed in IAs; it does this by searching in at least the minimum documentation defined by the Treaty and for IAs filed on or after January 1, 2004, to issue a written opinion, which will normally be considered to be the first written opinion of the International Preliminary Examining Authority where international preliminary examination is demanded. Competent International Searching Authorities (ISAs) for Bhaarat are ATPO, AUPO, CNPO, EPO, SEPO and USPTO. In case the Receiving Office is also an ISA, e.g., for American citizens/residents, USPTO is the RO as well as the ISA, a separate referral is not required. The inventor benefits by the search report (and written opinion for IAs filed on or after January 1, 2004). Under the PCT, an inventor could delay filing individual national applications from 20 to 31 months, and the applicant may drop the applications in case of an adverse report from the ISA. It saves upon the time for processing the patent application and money paid as professional fee (for Patent Agents/Attorneys) in different countries.
A search report on the patent application filed with a receiving office is received by the applicant/inventor 16 months after the priority date which is nothing but the date of submitting the application in the receiving office. The International Bureau of the WIPO publishes the application and the search report 18 months after the priority date. The original application is then sent to the designated offices indicated in the application. Within two months of this i.e. by the 20th month, the applicant will have to formally apply to the patent offices of these countries for grant of patents by paying official fees and completing other formalities stipulated by these offices (some countries). In case translated copies of the application are required, the same has to be furnished by the applicant. In spite of submitting the request for grant of patents in designated countries in the 20th month after the priority date, the priority in these countries is the same as the date of filing the original PCT application.
There is also a provision to get a patent application examined by International Preliminary Examining Authorities (IPEAs) such as USPTO, EPO or JPO. Thus, the inventor could also opt for preliminary examination before filing in other countries. If applicant/inventor has requested for an examination report, the report is usually received by the applicant /inventor about 28 months after the priority date. Within two months of this, the applicant/inventor will have to formally apply for grant of patents in designated countries. The priority of the application is maintained in the PCT countries.
For more information on PCT and IAs and fees, visit:
http://www.uspto.gov/web/offices/pac/mpep/documents/1800.htm#chap1800 and http://ipindia.nic.in/ipr/patent/pct.htm.
The patent cooperation treaty (PCT) is a multilateral treaty that came into force in 1978. Through PCT, an inventor of a member country (Contracting state of PCT can simultaneously obtain priority for his/her Invention in all/ any of the member countries, without having to file a separate application in the countries of interest, by designating them in the PCT application. All activities related to PCT are coordinated by the World Intellectual Property Organization (WIPO) located in Geneva. Bhaarat (the Indian Union) joined the PCT on December 7, 1998; four years after communist China and twenty years after America, Russia and other first world countries joined the treaty. The PCT offers an alternative route to filing patent applications directly in the patent offices of those countries, which are Contracting States of the PCT. It does not preclude taking advantage of the priority rights and other advantages provided under the Paris Convention and the WTO administered Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement). The PCT provides an additional and optional foreign filing route to patent applicants.
The citizens/residents of different member countries, seeking grant of a Patent in more than one member country, can file an 'International Application (IA)'. The IA must be filed in the prescribed receiving Office (RO). The RO functions as the filing and formalities review organization for IAs. Each contracting state designates the national patent office and/or any other offices as ROs for receiving patent applications. The United States Patent and Trademark Office and the International Bureau of the World Intellectual Property Organization will also act as a Receiving Office for U.S. residents and nationals. Indian nationals and residents are eligible to file in the Patent Office, Kolkata, and its branch offices at New Delhi, Mumbai, Chennai and the International Bureau, Geneva, Switzerland.
Thus, the Patent Cooperation Treaty (PCT) enables the U.S. applicant to file an IA in a standardized format in English in the U.S. Receiving Office (the U.S. Patent and Trademark Office), and have that application acknowledged as a regular national or regional filing in as many Contracting States to the PCT as desired, for IAs filed on or after January 1, 2004. The filing of an IA will automatically constitute the designation of all contracting countries to the PCT on that filing date. Consequently, the PCT enables foreign applicants to file a PCT IA in their home language in their home patent office and have the application acknowledged as a regular U.S. national filing.
However, such applications are subject to 'International Search' for the establishment of prior art. These applications are referred to International Searching Authorities (ISA) appointed to carry out the patent search on a global basis. ISA is usually the National Patent Office, which fulfills the criteria of having access to patent literature of various countries from 1920 onwards. The basic functions of the International Searching Authority (ISA) are to conduct a prior art search of inventions claimed in IAs; it does this by searching in at least the minimum documentation defined by the Treaty and for IAs filed on or after January 1, 2004, to issue a written opinion, which will normally be considered to be the first written opinion of the International Preliminary Examining Authority where international preliminary examination is demanded. Competent International Searching Authorities (ISAs) for Bhaarat are ATPO, AUPO, CNPO, EPO, SEPO and USPTO. In case the Receiving Office is also an ISA, e.g., for American citizens/residents, USPTO is the RO as well as the ISA, a separate referral is not required. The inventor benefits by the search report (and written opinion for IAs filed on or after January 1, 2004). Under the PCT, an inventor could delay filing individual national applications from 20 to 31 months, and the applicant may drop the applications in case of an adverse report from the ISA. It saves upon the time for processing the patent application and money paid as professional fee (for Patent Agents/Attorneys) in different countries.
A search report on the patent application filed with a receiving office is received by the applicant/inventor 16 months after the priority date which is nothing but the date of submitting the application in the receiving office. The International Bureau of the WIPO publishes the application and the search report 18 months after the priority date. The original application is then sent to the designated offices indicated in the application. Within two months of this i.e. by the 20th month, the applicant will have to formally apply to the patent offices of these countries for grant of patents by paying official fees and completing other formalities stipulated by these offices (some countries). In case translated copies of the application are required, the same has to be furnished by the applicant. In spite of submitting the request for grant of patents in designated countries in the 20th month after the priority date, the priority in these countries is the same as the date of filing the original PCT application.
There is also a provision to get a patent application examined by International Preliminary Examining Authorities (IPEAs) such as USPTO, EPO or JPO. Thus, the inventor could also opt for preliminary examination before filing in other countries. If applicant/inventor has requested for an examination report, the report is usually received by the applicant /inventor about 28 months after the priority date. Within two months of this, the applicant/inventor will have to formally apply for grant of patents in designated countries. The priority of the application is maintained in the PCT countries.
For more information on PCT and IAs and fees, visit:
http://www.uspto.gov/web/offices/pac/mpep/documents/1800.htm#chap1800 and http://ipindia.nic.in/ipr/patent/pct.htm.
Multiple Sclerosis
Multiple sclerosis is an incurable disease of the central nervous system that affects 350,000 Americans. Approval of Tysabri, monoclonal antibody treatment, is the first time the US government approved a targeted therapy to treat multiple sclerosis. The approval covers intravenous delivery of the drug once a month in a doctor's office. Tysabri blocks destructive immune cells that want to leave the bloodstream and make their way into the brain, gastrointestinal tract and joints to wreak havoc. The drug is produced by Cambridge, Mass.based Biogen Idec Inc. and Irish drug maker Elan Corp. Tysabri is known chemically as natalizumab.
Acne Treatment linked to Birth Defects
Accutane and its generic equivalents are linked to birth defects. Due to congressional pressure and increased public scrutiny, the FDA is finally implementing the recommendations the first of two FDA advisory committees made four years ago. Under the new plan, before a pharmacy can dispense the drug, the patient must give informed consent and certain women must prove they're not pregnant. Before the prescription can be renewed, each month's pregnancy test must remain negative, among other requirements. Doctors who prescribe the acne drug Accutane and its generic equivalents, pharmacists who dispense it and patients who take it, now will be registered in a central database under toughened government rules. In testimony in November before the Senate Finance Committee, Food and Drug Administration reviewer David Graham cited Meridia, Crestor, Accutane, Bextra and Serevent. Drug makers defended the use and safety of their products. Merck & Co. pulled Vioxx from the market on Sept. 30 after a study indicated the popular painkiller doubled the risk of heart attacks and stroke when taken for longer than 18 months.
Infosys and Microsoft
Infosys and Microsoft announced, during the visit of Microsoft CEO Steve Ballmer to Infosys, an investment of $8 million together to help clients who outsource software from them to cut costs and improve performance.
DomainKey authentication
Sify Limited, India's premier Internet, network and eCommerce services company announced that it has implemented the DomainKey authentication system in SifyMail to help prevent spamming and mail forgery. The DomainKey system will enable Sify, and other email providers, to verify the domain of each email sender and the authenticity of his or her messages before admitting them, to help stop spam or fraudulent mail from reaching users. SifyMail is among the first commercial email servers to implement DomainKeys. Each and every mail sent out from Sify's mail servers will now be digitally signed. Any other mail server that implements the Domain Keys technology will be able to verify the authenticity of mails from Sify's mail servers.
IT leader India: Rank 51 out of 53
IT leader India ranks way down at 51 out of 53 nations in IDC’s information society index 2004, which measures the abilities of countries to participate in the information revolution. South Korea with a population of only 20 million ranks in the top 10 in IDC’s index, climbing four points over last year to reach the eighth position, while China rose from among the bottom five last year to stand at 44 in the latest list.
First Biometric Laptop in India
The IBM ThinkPad now comes with an integrated fingerprint reader. The new ThinkPad features a model that delivers simplified access to password-protected personal and financial information, web sites, documents and email while offering an unmatched level of data protection through its new biometric capability and embedded security subsystem, IBM India said. Available in a thin and light platform, the ThinkPad T42 is less than 1 inch thin and has a travel weight of 2.2 kg. It also offers IBM’s unique battery configuration, capable of providing all day computing, up to 7.5 hours on select models. The ThinkPad T42 notebook will be available from December 1, 2004 through IBM Business Partners across the country and www.ibm.com. Prices for ThinkPad T42 models with a fingerprint reader ranges from Rs 95, 000 to Rs 2 lakh for different configurations.
Asian Genome
The scientists, from a range of research institutes across the region, said the study could reveal Asia's migratory patterns and explain the susceptibility of different Asian societies to illnesses such as childhood leukemia and diabetes. The Asian genome study, a project spanning populations in seventeen Asian countries, will also allow scientists to compare genetic maps and find out if people prone to certain illness have a common characteristic in their DNA set. Scientists said the latest initiative will improve the findings of the Human Genome Project (HGP), a 13-year project completed last year, which first sequenced the complete human genome and found human DNA to be 99.9 percent identical, with the 0.1 percent variation accounting for all the differences between individuals.
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|
|
Management |
The Foundation |
The Andhra Journal of
Industrial News |
The Telangana Science
Journal |
Mana Sanskriti (Our
Culture) Journal |
Disclaimer | Solicitation |
Contact |
VPC |