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Origiin Newsletter

September 2011, Volume 1, Issue 5

2011 volume 1 issue 5 IN THIS ISSUE
Early publication of patent application: Pros and Cons …………………….…1 Latest News……………………………2 Kids IP Corner………….……………..3 Inventor of the month…………………3 Patents restored in August…….........5

Early publication of patent application: Pros and Cons

One of the prime stages in the process of getting a patent is
publication of the patent application in official journal of the patent office, which takes place after expiry of 18 months from the date of filing patent application or from the priority date, whichever is earlier. The publication of application happens on its own without any specific request made by the applicant. The date of publication is very crucial because on this date, the patent application is published by the patent office and from this date, the invention forms part of the prior art. Applicant may request for publication of the application before expiry of 18 months by making request in a prescribed manner for “Early Publication”. It is important to note here that provisional application is never published and it is only the complete specification, which gets published. The advantages and disadvantages of early publication of the application are as below: 1. Upon publication of the application, the invention forms part of prior art. However, Indian patent law gives a chance to the applicant to withdraw application within 15 months from the date of filing and such withdrawal makes sure that confidentiality of the invention is maintained. In such a case, the inventor can further work on the invention and file the patent application again. If the applicant has opted for early publication, he loses the chance to withdraw the application. The pre-grant opposition can be filed by any person upon publication of the application and anytime before grant of the patent provided examination fee has been paid. Thereby, early publication certainly gives more time for the opponents for pre-grant opposition

EDITORS
Bindu Sharma Anita Kalia

CONTACT US
Address Origiin IP Solutions LLP #51, MSHS, 15th Main, Sector 4, HSR layout Bangalore Mobile +9198456 93459 +9198802 13204 Websites www.origiin.com www.origiinipa.com “Many of life's failures are people who did not realize how close they were to success when they gave up.”
Thomas Alva Edison

2.

3. On and from the date of publication of application for the patent and until grant of
the patent, the applicant has rights and privileges of the patent holder as if the patent for the invention has been granted to him on the date of publication, provided that the applicant shall not be entitled to institute any proceedings for infringement until the patent is granted. Moreover, in case of any infringement, the applicant can claims damages from the date of publication. Here, the applicant gets the advantages if he opts for early publication.

4. No suit or other proceedings shall be commenced or prosecuted in respect of an
infringement committed before date of publication of the application, meaning that publication of the application is critical to initiate any suit or any other proceeding. The period within which the Controller shall refer the application and specification and other documents to the examiner in respect of the applications where the request for examination has been received shall ordinarily be one month from the date its publication

or one month from the date of the request for examination whichever is later: www.origiin.com 5. Visit our blog: http://origiinipae.blogspot.com Copyright © 2011, Origiin IP Solutions LLP. All rights reserved

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September 2011, Volume 1, Issue 5

or one month from the date of the request for examination whichever is later. Hence we can conclude that early publication of the application for a patent has certain advantages as well as disadvantages which shall be taken into account depending upon the circumstances and preferences.

LATEST NEWS

Zynga sued over patent infringement
The world's largest social gaming company, Zynga Inc, is under fire for allegedly infringing on patents of Texas gaming startup, Agincourt Gaming. Zynga is the maker of popular online games such as "FarmVille" and "CityVille," etc. Agincourt Gaming claims that Zynga is violating two of its patents related to systems for redeeming prizes in games. The patents were awarded in 2001 and 2004 and Agincourt Gaming is seeking unspecified monetary damages, requesting a permanent injunction that could shut down the company's games on Facebook and wants 12 Zynga games that it says infringes its patents to be shut down. According to the lawsuit, the games that violate Agincourt's patents include Farmville, CityVille, FrontierVille, FishVille, PetVille, YoVille, Zynga Poker, Empires & Allies, Mafia Wars, Treasure Isle, CafeWorld, and Vampire Wars. Agincourt's patents cover the most lucrative aspects of online social gaming, including those comprising the bulk of Zynga's revenues, as they contain the crucial 'link' that allows for global, interactive prize redemption over the Internet," says Bill Carmody, a senior partner at Susman Godfrey LLP, Agincourt's lead counsel. Zynga filed for a $1 billion IPO last month is currently embroiled in legal battles with other game companies.

Apple wins battle in patent infringement war with Samsung
Apple has won an important victory in its patent war against Samsung Electronics by obtaining a preliminary injunction barring the sale of Samsung's Galaxy tablet in nearly all European Union member states. Samsung has been locked in a legal war with Apple over smartphones and tablets patents in the US, Australia, South Korea and Japan since April this year. Apple alleges that Samsung's Galaxy mobile phones and tablet computers have copied design elements of the iPhone and iPad. The German court order barring the sale of the Galaxy Tab 10.1 throughout the EU except the Netherlands, where Apple has a separate lawsuit underway, is the second setback for Samsung after similar lawsuits delayed the Australian launch of its latest Galaxy tablet, according to New Zealand reports. The court found that Apple was likely to win at a full trial of the issues that Samsung is infringing on Apple's design rights.

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September 2011, Volume 1, Issue 5

KIDS IP CORNER
Contributed by: Udit Sharma (15 years)

Copyright © 2011, Udit Sharma. All rights reserved The photograph is protected under class of Artistic Work if it is original and not copied from any source. A person who clicks the photograph or the photographer is called as Author. The general rule is that copyright lasts for 60 years. In the case of photographs, the 60-year period is counted from the date of publication. Kids can send their contributions to editor@origiin.com

INVENTOR OF THE MONTH
Contributed by: Abhishek Awasthi (14 years)

Alexander Fleming
Born: August 6 1881 Died: March 11 1955
th th

Sir Alexander Fleming was a Scottish biologist and pharmacologist, who discovered antibiotic, Penicillin, an infection-fighting agent of enormous potency from the mold Penicillium notatum in 1928, for which he shared the Nobel Prize in Physiology or Medicine in 1945 with Howard Florey and Ernst Boris Chain. Penicillin was discovered accidentally, when, Fleming one day in 1928, before tossing some old petri dishes of culture away, he found that a blue mold growing on the culture of some harmful kind of bacteria. The mold seemed to be able to kill the bacteria growing on the petri plate. A series of experiments later proved his findings and led to the discovery of penicillin. It was a strain of penicillin which could kill off bacteria while not causing any damage to www.origiin.com Visit our blog: http://origiinipae.blogspot.com Copyright © 2011, Origiin IP Solutions LLP. All rights reserved

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September 2011, Volume 1, Issue 5

wounds. It worked against many kinds of bacteria and was mostly safe for the human body. Unfortunately, with insufficient support from the medical community, the research had to stop.

Fleming, a Fellow of the Royal College of Surgeons (England), 1909, and a Fellow of the Royal College of Physicians (London), 1944, has gained many awards. They include Hunterian Professor (1919), Arris and Gale Lecturer (1929) and Honorary Gold Medal (1946) of the Royal College of Surgeons; Williams Julius Mickle Fellowship, University of London (1942); Charles Mickle Fellowship, University of Toronto (1944); John Scott Medal, City Guild of Philadelphia (1944); Cameron Prize, University of Edinburgh (1945); Moxon Medal, Royal College of Physicians (1945); Cutter Lecturer, Harvard University (1945); Albert Gold Medal, Royal Society of Arts (1946); Gold Medal, Royal Society of Medicine (1947); Medal for Merit, U.S.A. (1947); and the Grand Cross of Alphonse X the Wise, Spain (1948).

In the late 1930s, other scientists found a way to mass-produce penicillin. British and American drug companies began to manufacture the drug in large quantites. It was then used to cure many infections during World War II. In 1945, Fleming was presented the Nobel Prize for Medicine. He humbly said, "Nature makes penicillin; I just found it." Fleming spent the rest of his career at St. Mary's Hospital until his death in 1955 of a sudden heart attack. Fleming was married twice and had one son.

Indian Patent Agent Exam Training by

Website: www.origiinipa.com Modes of training: Distance Education, Class-room and online training Contact: origiin.training@origiin.com

Indian Patent Agent Exam Training by Origiin
PAE-Complete™ (Classroom Training) 1. 2. 3. 4. 5. Cost 22,000 INR (all inclusive), registrations open (schedule attached) 7 days class room session (schedule attached) Study material and assignments Complimentary copy of Dictionary on Indian Patent Law Seats available: 25

PAE-Distance™ (Distance Education) 1. Cost 16,000 INR (all inclusive) 2. Study material and assignments 3. Complimentary copy of Dictionary on Indian Patent Law PAE-Solutions TM a. Cost 3,000 INR (all inclusive) b. Solution of previous year question papers (from year 2004 to 2011) Please note that candidates enrolling for PAE-Complete and PAE-Distance get PAE-Solutions in the form of Module 3.

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September 2011, Volume 1, Issue 5

PATENTS RESTORED IN THE MONTH OF AUGUST 2011
Granted patent gets lapsed due to failure to pay annual renewal fee. Such lapsed patents fail to be in force but the patentee has option to restore it within a period of 18 months on which the renewal becomes due. A patent that has been restored is published in official gazette of Indian Patent Office which is reproduced as below. Any person interested can file opposition against restoration of such a patent within a period of 2 months from date of such publication. A person interested includes a person engaged in, or in promoting, research in the same field as that to which the invention relates.

S.No.

Patent No.

Applicants

Title

Date on Which Patent Ceased

Date of Publication U/R 84(3) 05/08/2011

Appropriate Office Kolkata

1

188832

Schill + Seilacher Aktiengesellschaft

A Process for the Preparation of a 2- Hydroxy-Diphenyl-2 Phosphinic Acid

21/06/10

2

222915

Bharat Heavy Electricals Limited

A Device and Process to Manufacture Sacred Ash An Improved Self-Locking Box A Pharmaceutical Composition Exhibiting Anti-Tumor Activity

21/04/10

05/08/2011

Kolkata

3 4

186952 231384

Why Wrap Incorporated Shih Rocky C.S, Wu Lester, Pts International, Inc

01/29/2010 16/04/10

05/08/2011 05/08/2011

Kolkata Kolkata

5

224708

Erowa Ag

Clamping Apparatus for Releasably Fixing a Pallet

16/11/09

05/08/2011

Kolkata

6

235987

Ethicon Endo-Surgery, Inc

A Surgical System

16/06/10

05/08/2011

Kolkata

7

208093

M/S. Garfield International Investments Limited

Method And Apparatus for Removing Dissolved Solids From Water Vessel A Process for the Preparation of Drug Encapsulated Microspheres Rocking Table to Facilitate Child Birth for Pregnant Woman A Multi Lip Cup and a Pipeline Pig Incorporating the Same

05/01/2011

19/08/2011

Chennai

8 9

201345 229135

Dr. Jose Thaikattil M/S. Sree Chitra Tirunal Institute For Medical Sciences & Technology

27/01/2010 22/12/2010

19/08/2011 19/08/2011

Chennai Chennai

10

207612

Madhukar Bansilal Pardeshi

29/01/2010

05/08/2011

Mumbai

11

190668

Tdw Delaware Inc

10/07/2010

05/08/2011

Mumbai

12

183018

M/S. Pardies Acetiques

Process for the Preparation of Carboxlic Acids or the Corresponding Esters in the Presence of a Catalyst Based on Iridium

05/10/2009

Not available

Chennai

13

183019

M/S. Pardies Acetiques

Process for the Preparation of Carboxylic or the Corresponding Esters in the Presence of a Catalyst Based on Rhodium and Iridium

05/10/2009

Not available

Chennai

14

228112

Dizayn Teknik Plastic Boru Ve Elemanlari Sanayi Ve Ticaret A.S.

A Device for Reverse Iontophoresis Using a Constant Direct Current Power Supplier and Optimal Conditions to Determine or Predict Solely the Human Blood

Not available

26/08/2011

Kolkata

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Urea Level From Pre Determine Contact Area 15 200697 Jacobson Jerry I Magnetic Field Generating Device and Method of Generating and Applying a Magnetic Field for Treatment of Specified Conditions

September 2011, Volume 1, Issue 5

Not available

26/08/2011

Kolkata

This newsletter is published by Origiin IP Solutions LLP, Bangalore. Please mail us in case you find discrepancies/errors in the contents. Your valuable feedback, comments, suggestions are most welcome in order to make this newsletter more useful. Articles for publication in this newsletter may be sent to the following address by email or by post: Origiin IP Solutions LLP #51, MCHS, 15th Cross, HSR Layout, Sector 4 Bangalore Pin-560034, INDIA Phone: 9845693459, 9880213204 Email: info@origiin.com, origiin.training@gmail.com

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