TT Consultants is an ISO-27001 and ISO-9001:2008 certified Intellectual
Property Consulting firm providing services to more than 500 Companies,
universities and research institutes. With clients in more than 20 countries
worldwide including US, Europe, Canada, Japan, Singapore, South Korea,
Taiwan, India etc., we strive to deliver foremost patent prosecution and litigation
support. Innovation, knowledge and transparency, form the fundamental steps to
our company’s vision and mission
2. INDEX
Page 1 // INDEX // October //2014
1. Headlines...............................................................................1
2. News India............................................................................ 3
3. News Japan............................................................................5
4. News China............................................................................8
5. Articles...............................................................................13
TT Consultants is an ISO-27001 and ISO-9001:2008 certified Intellectual
Property Consulting firm providing services to more than 500 Companies,
universities and research institutes. With clients in more than 20 countries
worldwide including US, Europe, Canada, Japan, Singapore, South Korea,
Taiwan, India etc., we strive to deliver foremost patent prosecution and litigation
support. Innovation, knowledge and transparency, form the fundamental steps to
ourcompany’svisionandmission
Out and About
3. Headlines INDIA
Headlines JAPAN
Patentconsiderations:US-Indiatraderelationship.
Pfizerwins patentforVoriconazoleinIndia.
OTCdrugmarkettoreach$6.6bnby2016.
Real-timeonlineappopensIndia’s patentprocesstopubliceye.
IndiaNeedsToShow ItValuesInnovation.
India’s intellectual property regime fully compliant with WTO norms:
Government.
Govtformsthinktanktodraftpolicyonintellectualproperty.
Delhi'sNehru Placeamongtop30marketsthatviolateIPR.
Recent agreement signals a new era in Australia's trade relationship
withJapan.
OceanofdifferenceskeepU.S. andJapanapartattradetalks.
Japan’s attempt to get in stricter patent protection into free trade
agreementraisesconcern.
JapangrantsPacificEdgepatentforprognostictechnology.
AgeingJapanbeckonsIndianpharmacompanies.
Page 2 // NEWS // October //2014
4. Headlines CHINA
US:China'sTheftofTradeSecretsaMajorConcern
Apple Loses China Patent Case, Separate Suit Against Apple
Continues
Patent Office, China establish electronic exchange for application
prioritydocs
ChinatakescyberwartoAustralia.
IntelgainsanewallyinChina'schipwars:Beijing.
Articles
Patenttrolls.
DeterminationofObviousness/InventiveStep-IndianApproach.
ForeignentrepreneursinChina.
TheTrans-PacificPartnership
Page 3 // NEWS // October//2014
Patent Support Services
At TTC, we provide patent litigation support, patent prosecution support, licensing support, patent
acquisition support, technology transfer consulting, patent portfolio management and other legal
support services to leading patent law firms, companies, universities, research institutes and intellectual
property owners
5. News INDIA
Page 4 // NEWS // October//2014
Patentconsiderations:US-Indiatraderelationship.
This comes on the heels of another important statement on IP. Recently, officials of the Modi
administration announced plans to establish an overarching intellectual property policy that,
in concept, would both define India’s approach to intellectual property and enhance the clarity
andtransparencyofitsrelevantlaws.
Read More
Pfizerwins patentforVoriconazoleinIndia.
Pharmaceutical major Pfizer Inc has received a patent for its anti-fungal drug Voriconazole,
which it is selling in US under the brand name Vfend, overcoming opposition from Ranbaxy
LabsLtdandNatcoPharma.
Read More
OTCdrugmarkettoreach$6.6bnby2016.
The over the counter (OTC) drug market in India is expected to grow to $6.6 billion by 2016
withpharmacompaniesandchemistsincreasingtheirpresenceintheruralmarket.
India's OTC drug market stood at USD 3 billion in 2011 and a "rise to USD 6.6 billion
is forecast by 2016," according to a sectoral document for Pharmaceuticals industry under the
'MakeInIndia'campaign.
Read More
Real-timeonlineappopensIndia’s patentprocesstopubliceye.
The government is throwing open the entire process of patents—from the filing of an
application to the final decision rejecting or granting it—by putting it online in order to curb
corruption and address charges of opacity. The public will be able to access digital updates at
each stage of file movement at the Indian patents and trademarks office—the Office of
CGPDT with all specifications, including patent examination reports, official remarks,
reviewsandcorrectionsandthefinaldecision,onthepatentoffice’s websitefromSeptember
Read More
6. News INDIA
Page 5 // NEWS // October //2014
IndiaNeedsToShow ItValuesInnovation.
The Pharmaceutical Research and Manufacturers of America (PhRMA) is a staunch anti-
India lobby in the US. The organisation, which represents leading global biotech and
pharmaceutical manufacturing corporations, had urged the United States Trade
Representative (USTR) to downgrade India as a “priority foreign country” in its 2014 Special
301ReportonaccountofIndia’s allegedweakIntellectualPropertyRights(IPR) rules.
Read More
India’s intellectual property regime fully compliant with WTO norms:
Government.
NEW DELHI: India's intellectual property regime is fully compliant with WTO norms, the
government said on Friday, two days after the two countries decided to set up a high-level
working group on IPR during Prime Minister Narendra Modi's US visit to sort out the
contentiousissue.
Read More
Govtforms thinktanktodraftpolicyonintellectualproperty.
Amid the US Trade Representative launching an additional review of India’s intellectual
property rights (IPR) regime, the government on Friday said it has constituted a think tank for
draftinganationalpolicyonthesubject,amongothermeasures.
Read More
Delhi'sNehruPlaceamongtop30marketsthatviolateIPR.
"Nehru Place is reportedly one of the many markets in major cities throughout India that are
known for dealing in large volumes of pirated software, pirated optical media containing
movies and music, and counterfeit goods," said the report released by the US Trade
Representative(USTR).
Read More
7. News JAPAN
Page 3 // NEWS // June //2014
Recent agreement signals a new era inAustralia's trade relationship with
Japan.
Japan is Australia's second largest trading partner. In 2013 Australia's two-way goods and
services trade with Japan totalled $70.8 billion ($66.5 billion trade in goods and $4.3 billion
tradeinservices).
Read More
Ocean of differences keep U.S. and Japan apart
attradetalks.
The Trans-Pacific Partnership negotiations may be heading
for the same bargaining purgatory as the Doha Round of the
World Trade Organization, in which discussions are eternal
and the resolution of disagreements will always come
tomorrow.
Read More
Japan’s attempt to get in stricter patent
protection into free trade agreement raises
concern.
Even as the Prime Minister's visit to Japan generates much
excitement, there is concern among those working for
improving access to medicines regarding Japan's attempt to
get in stricter patent protection laws at the just-concluded
round of negotiation of Regional Comprehensive Economic
Partnership(RCEP)whichincludesIndia.
Read More
Page 6 // NEWS // October //2014
Patent Invalidation Search
We 'scour the earth' when it
comes to searching for prior art
in order to invalidate a
troublesome patent. We have
helped several US and Asian
companies save huge litigation
costs by uncovering highly
useful prior arts. We have
Mandarin, Japanese and
Korea native searching
capability. We are a preferred
choice for companies involved
in complex patent litigation
and have represented many
Joint Defense Groups (JDGs)
in such cases to identify
relevant prior art for
invalidating potentially
dangerous patents.
8. News JAPAN
Page 7 // NEWS // October//2014
AgeingJapanbeckonsIndianpharmacompanies.
Though the recent visit of Prime Minister Narendra Modi to Japan ended on a not-so-eventful
note for the Indian pharma sector, the industry is hopeful that the Japanese market will slowly
turntoIndiaforexportsofgenerics.
Japan, which was so far had been a market for patented and innovative drugs, is slowly
realisingtheimportanceoflow-costgenerics,duetogrowingageingpopulation.
Read More
Japan grants Pacific Edge patent for
prognostictechnology.
The worlds second largest single biomedical market,
Japan, has awarded Pacific Edge a patent for its colorectal
cancer prognostic technology. Pacific Edge Chief
Executive Officer David Darling says the issue of the
patentinJapanisasignificant…25September2014.
Japan grants Pacific Edge patent for colorectal cancer
prognostictechnology.
The world’s second largest single biomedical
market, Japan, has awarded Pacific Edge a patent for its
colorectal cancer prognostic technology. Pacific Edge
Chief Executive Officer David Darling says the issue of the
patent in Japan is a significant step for the Company by
providing intellectual property protection in the country
wherecolorectalcanceristhemostprevalentcancer.
Read More
Patentability Search
A thorough patentability
assessment search conducted on an
exhaustive list of patent and non-
patent databases. We offer
innovative search reports that come
along
with a key feature chart and many
value additions offered by none
other in the industry.
This service is being extensively
used by the best research institute of
Asia, several national universities of
Taiwan, top law firms in the US
and 5 fortune 500 companies to
name a few.
9. News CHINA
Page 8 // NEWS // October //2014
Apple Loses China Patent Case, Separate
SuitAgainstAppleContinues.
ABeijing court has ruled againstApple Inc by upholding
the validity of a patent held by a Chinese company,
clearing the way for the Chinese company to continue its
own case against Apple for infringing intellectual
propertyrights.
Apple had taken Shanghai-based Zhizhen Internet
Technology and China's State Intellectual Property
Office to court to seek a ruling that Zhizhen's patent rights
toaspeechrecognitiontechnologywereinvalid.
But the Beijing First Intermediate Court on Tuesday
decided in Zhizhen's favour, the People's Daily state
newspaperreportedonWednesday.
After the verdict,Apple said it intended to take the case to
the Beijing Higher People's Court, according to the
People'sDaily
Read More
US: China'sTheftofTradeSecretsaMajorConcern.
WASHINGTON: Washington said Wednesday that China's efforts to steal US trade secrets
are of "significant concern" as it again listed the country as a major violator of intellectual
propertyrights(IPR).
Initsannual"Special301" reportonIPrightsviolators,Chinaled10countriesontheUSTrade
Representative's"prioritywatchlist",markingits25thyearonthelist
Read More
Structure & Sequence
Search
When you request a chemical
structure/substructure search,
our domain specific searchers
with extensive experience
perform patent searches and
deliver insightful results for
compounds matching the query
structure, as well as for
compounds containing the query
structure as a subset
(substructure) of a larger
10. News CHINA
Page 9 // NEWS // October //2014
ChinatakescyberwartoAustralia.
Safter stealing the confidential data of American and European companies, China's cyber
spiesarenow trainingtheirsightsontheircountry'slatestkeytradingpartner–Australia
Read More
Patent Office, China establish electronic exchange for application
prioritydocs.
Anew service allows the U.S. Patent and Trademark Office to electronically exchange certain
patent application documents with its equivalent office in China, the agency announced Oct.
10.
At issue are so-called patent application priority documents. Under the Paris Convention for
the Protection of Industrial Property, patent applicants who file in one country have a year to
fileinothermembercountriesinordertoholdontotheirprioritydate.
Read More
Claim Chart Preparation
This search helps in identifying the potential infringers of a particular patent portfolio. Over the years, we
have evolved an innovative and effective strategy to identify infringing products/standards and ascertaining
the infringement. This service is used by a leading semiconductor manufacturer and some fortune 500
companies across the globe. structure as a subset (substructure) of a larger structure.
IntelgainsanewallyinChina'schipwars:Beijing.
(Reuters) - Intel's investment of up to $1.5 billion in two fast-growing Chinese mobile
chipmakers has effectively aligned the U.S. giant with a third party - a Beijing government
intentonproducingaviabledomesticchallengertothelikesofQualcommandSamsung.
For more than a decade, China has targeted semiconductor design and manufacture as a
major focus of its industrial policy.Activity has picked up markedly over the past year with a
spateofcross-bordermergersandcooperationdeals.
Read More
11. Patent trolls
NEWYORK/SAN FRANCISCO – For two decades, companies that buy software patents in
order to sue technology giants have been the scourge of Silicon Valley. Reviled as “patent
trolls,” they have attacked everything from Google’s online ads to Apple’s iPhone features,
sometimeswinninghundredsofmillionsofdollars
.
Butnow thetrollsareinretreatfromthetechtitans.
InthewakeofseveralchangesinU.S. lawmakingiteasier
tochallengesoftwarepatents,patentpricesareplummeting,
the number of court fights is down and stock prices of many patent-holding companies have
fallen. Some tech firms are increasing research budgets as legal costs shrink. Support for
“Their entire business model relies on intimidation, and that has lost its edge,” said Efrat
Kasznik, president of the intellectual property consulting firm Foresight Valuation Group. “If
thepatentsarenotenforceableincourtanymore...thetrollhasnolegstostandon.”
“In some cases, there are just no current buyers for these patents at all,” said Robert Aronoff,
founderofthepatentbrokeragePluritas,citingnewlegalstandardsforthechange.
NetApp, a Silicon Valley maker of sophisticated data storage devices, last month used a new
legal precedent to force a patent holder to pay its legal fees.The judge called the case “reckless
andwasteful.”
Thebirthof trolls.
Big tech companies distinguish between their own intellectual property, which they fiercely
protect, and those of their adversaries, which they often dismiss as broadly worded and vague,
allowing holders to sue all manner of defendants. The big tech companies note that patent
acquisition companies generally make no products but are solely in the business of buying
patentsandlitigatingtoenforcethem.
The putative trolls see a different world. They buy patents from inventors and each other,
creating a marketplace that checks big tech companies’ sway, and rely ultimately on a fair
arbiter: courts. This can provide vital protection for investors’ideas, said Matt Vella, CEO of
Acacia Research Corp., which contracts with owners to license their patents to other
companies.“IseeitasaRobinHood function,”hesaid.
If the so-called trolls had a birth date, it would be the summer of 1994, when a federal appeals
courtexplicitlyallowedcomputerprogrampatentsforthefirst time.
Read More
Page 10 // Articles // October //2014
12. Determination of Obviousness/Inventive Step- Indian Approach
Foraninventiontobepatentable:
ithastobenovel(new)
ithastoinvolveaninventivestep(non-obvious)
ithastobeindustriallyapplicable(canbemadeorusedinanindustry)
Apart from satisfying these criteria, the invention should also not fall under the category of
nonpatentablesubjectmatter,asperSection3oftheIndianPatentAct.
It is important that before applying for a patent, one tries to ascertain whether the proposed
invention satisfies all these criteria for the successful grant of a patent for a proposed
invention. The criteria related to novelty and industrial applicability are generally regarded as
being well defined and understood based on the definition provided in the Act. However, the
concept of non obviousness or the presence of inventive step in a proposed invention is still
underdebateamongthepatentoffice,courtsandpatentees.
Currentdefinition,2005:
(I). “invention” means a new product or process involving an inventive step and capable of
industrialapplication;
(ii) “inventive step” means a feature of an invention that involves technical advance as
compared to the existing knowledge or having economic significance or both and that makes
theinventionnotobvioustoapersonskilledintheart.
“Inventive Step” as laid by the Indian Patent Act
As per sec 2 (l) of the Patents Act, a new invention means any invention or technology
which has not been anticipated by publication in any document or used in the country or
elsewhere in the world before the date of filing of patent application with complete
specification, i.e., the subject matter has not fallen in public domain or that it does not form
part of the state of the art.
a new provision in the definition section of the Patents Act. Section 2(1)(ja) of the Act
defines "inventive step" to mean "a feature of an invention that involves technical advance
as compared to the existing knowledge or having economic significance or both and that
makes the invention not obvious to a person skilled in the art".
Read More
Page 11 // Articles // October //2014
13. Foreign entrepreneurs in China
Itishardforsmallbusinesses tobreakintotheChinesemarket
ENTREPRENEURS do more with less, proclaimed Fiona Woolf this week on a visit to
Shanghai. Lady Woolf, the current Lord Mayor of the City of London, was speaking at an
academic conference devoted to helping small and medium enterprises (SMEs) flourish in
China. These businesses face all of the same obstacles as big firms trying to enter China but
havefarfewerresources.
Intellectual-property rights are hard and costly to defend. The tangle of red tape involved in
tax, compliance, customs clearance, business registration and so on can overwhelm small
firms.Alexandra Voss of the German Chamber of Commerce points out that local firms often
work overtime and on weekends during negotiations—and that foreign SMEs with staff
shortagesandlittlelocalknowledgecanquicklygetoverwhelmed
A bigger snag is that getting China right demands a huge amount of attention from the top
brass, explains Franklin Yao of Smith Street Solutions, a consulting firm that advises firms
keen to enter China.The problem is that the market is enormous, complicated and opaque. It is
also hyper-competitive, thanks to a proliferation of both low-cost locals and deep-pocketed
multinationalcompanies.
For intrepid SMEs still keen to try, help is at hand.All developed countries have trade offices
and business chambers devoted to helping smaller firms clear the many hurdles. Consultants
arealsocomingupwithnewways toconnectthesefirms tounfamiliarcustomers.
DebWeidenhamerruns iPai,atrailblazing
foreignauctionhouseinChina.Heroutfitholds
dozensofauctionsayear,runsimultaneously
onlineandatatrendysiteinShanghai,mostly
peddlingexcessinventoriesfromdistributorsof
fashionablegoods. For $15,000,shewilladda
foreignSME’s producttothreeofherauctionsover
severalweeksandgetuserfeedback.Theresult,she
says, is that her clients learn quickly and easily if and how much Chinese customers will pay
fortheirnovelproductsandwhattheythinkofthem.
For 17-20% of a firm’s Chinese revenues, he will take care of the regulatory filings, product
testing,warehousingandso onrequiredforonlinesales.
Alibaba, a Chinese e-commerce giant that recently went public in America, is explicitly
courtingforeignSMEs
Read More
Page 12 // Articles // October //2014
14. The Trans-Pacific Partnership
Freer Trade: ASEAN Economic Community and the Trans-Pacific Partnership -
AnnualReview2015
Background
TPP: The Trans-Pacific Partnership (TPP) is an ambitious trade agreement through which the
US is seeking to advance its trade and investment interests in theAsia-Pacific region, which it
considers to be vital to its economic success. Negotiations are taking place with 11 other
countries: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru,
SingaporeandVietnam.
In addition to providing US goods and services with access to new markets, theTPPwill apply
strong and enforceable employment and environmental standards, new rules governing state-
owned enterprises and a robust and balanced intellectual property rights framework, and will
encourage a thriving digital economy. It also seeks to improve the transparency and
consistency of the regulatory environment to make it easier for small- and medium-sized
businesses tooperateacrosstheregion.
AEC2015
The Association of South- East Asian Nations (ASEAN) Economic Community 2015 (AEC
2015) seeks to achieve economic integration between members of ASEAN by next year.
ASEAN includes Brunei, Cambodia, Indonesia,Laos, Malaysia, Myanmar, the Philippines,
Singapore,ThailandandVietnam.
TheAEC will be defined by four characteristics: a single market and production base, a highly
competitive economic region, a region of equitable economic development, and a region that
is fully integrated into the global economy. It aims to transformASEAN into a region with free
movementofgoods, services,investmentandskilledlabour,andthefreerflow ofcapital.
To enhance the competitiveness of the region, the countries agreed to cooperate further in the
following areas under the AEC 2015 framework: competition policy, intellectual property
rights,infrastructuredevelopmentandtaxefficiency
CurrentStatus
TPP: Chief negotiators met in Canadain July 2014 to discuss a number of areas, including
intellectual property rights, employment, state-owned enterprises, services, investment and
market access. However, the meeting wrapped up without much progress - not even an
agreement on a date for the next meeting, due to major differences over issues such as
intellectualproperty,accordingtoTheJapanTimes.
Read More
Page 13 // Articles // October //2014
15. Platform for Automation, Machine Learning and Visualization tools – revolutionizing
the prior art search experience!
xlpatlabs
Automated FIRST PASS patent Invalidation tool
Dynamic Landscape dashboard
Automated patent categorization
Real time graphical analysis
Online collaboration
User highlighting and annotations
What’s New On
Page 14 // XLPAT // October //2014
PatentRatingsandTags:
Manage your patent portfolios online. Analyze the strength of your patents to make effective
business decision.
In the process of patent evaluation, you can now view a specific set of non-core patents (having
minimumornoeconomicvalue)tocreateapatentlicensingmap.