From Invention to Patent NATIONAL SEMINAR Intellectual Property Rights (IPRs) and its Role in Economic Development organized by the World Intellectual Property Organization (WIPO) in cooperation with the Industrial Property Office of the State Organization for Registration of Deeds and Properties of the Judiciary of the Islamic Republic of Iran Tehran, April 26 to 28, 2014 From Invention to Patent Protecting New and Innovative Ideas for Launching New Products and Exploiting Patent Information for Business Development Arvind Viswanathan Xellect IP Solutions LLP, India www.xellectip.com

Competitiveness Defined as the ability of a firm to increase in size, market share and profitability. May be achieved by: Producing more cheaply, for example by finding ways to reduce labour costs Applying other non-price factors such as: Human resource endowments, such as skills and worker motivation Technical factors such as R&D capabilities, and the ability to adapt and use technologies Managerial and organisational factors 2

Innovation Ideas applied successfully in practice Typically is expected to lead to a drastic change In the system By introduction of new products or services Expected to clear out the old and in with the new No limit to where innovations may be applied 3

Characteristics of Technical Innovation Coupling (of changing technology, production and markets) Creating (new products, processes, systems and industries) Clustering (of groups of related innovations) Comprehending (new skills, new technologies, new markets) Coping (with the technical and market uncertainty of innovation) TECHNOLOGICAL INFRASTRUCTURE AND INTERNATIONAL COMPETITIVENESS Draft paper submitted to the OECD ad hoc group on science, technology and competitiveness. August 1982 C. Freeman 4

Drivers of Innovation Market Forces (Competition) Consumers (Value-Add to Existing Products) Regulatory Requirements (Pollution Control by EHS, ISO Certification etc.) Quality (Process Improvements, Waste & Defect Reduction, Increasing Productivity) 5

Inventions Solves a problem Stems from a novel & non-obvious idea Subsequently, the working idea is applied to a specific or several applications Comes out of a business choice Determined by market needs Core competency taken into account High monetary returns expected Also typically one problem or application area 6

Innovation vs. Invention Invention solves an existing problem by providing solutions Innovation utilizes the invention and brings it to practice Innovation does not require a problem Creates its own problem and provides solutions 7

Invention Methodology Problem Identification Problem Definition Appraisal of State-of-the-Art Identify Plausible Solutions Identify Best Mode of Operation 8

Invention Methods Systematic or Incremental Approach Out-of-the-box Approach Breakthrough Serendipity 9

Patents The term "patent" originates from the Latin word patere which means "to lay open" (i.e., make available for public inspection) Patent provides a set of exclusive rights granted by a state to a patentee for a fixed period of time in exchange for a full disclosure of an invention Encompasses any new and useful process, machine, article of manufacture, or composition of matter Also included are any new and useful improvements thereof 10

Incentives for Patenting Patents facilitate disclosure of useful ideas into the public domain for the common good Encourages creative intellectual endeavor in the public interest Spurs further innovations The trade-off is full disclosure Monopoly may be exercised for only a fixed time period New technology may be exploited by anyone after expiry Public record ensures that the knowledge not lost to humanity 11

Non-Patentable Matter Discoveries, Scientific Theories & Mathematical Methods Schemes, Rules, or Methods of doing business, Performing Purely Mental Acts or Playing Games Natural Substances Essentially biological processes for production of animals and their parts Inventions whose commercial exploitation is contrary to public order and/or morality 12

Three Tenets of Patentability™ Industrial Applicability Novelty An invention is new if it is not anticipated by prior art An invention shall be considered as involving an inventive step, if having regard to the differences and similarities between the claimed invention and the prior art… [T]he claimed invention as a whole would have been obvious to one skilled in the art… Inventive Step The invention shall be considered industrially applicable if it can be made or used in any kind of industry, or if it has specific, substantial credible utility Industrial Applicability 13

A Simplified Visualization I/ We Claim: CLAIMS: SCOPE OF DISCLOSURE Broadened Scope through Description

Ideally, Umbra should be big & broad Broadening Scope Size of the Scopes Vary Depending on Various Factors Ideally, Umbra should be big & broad

Ideal Protection ONLY WHAT IS CLAIMED CAN BE PROTECTED BY PATENTS IDEAS Potential Infringer KEEP POTENTIAL INFRINGERS AWAY TO ENJOY MONOPOLY ON SELF-DEVELOPED PRODUCTS

ANOTHER OBJECT… CATCH POTENTIAL INFRINGERS THROUGH A WELL-DRAFTED SPECIFICATION

Why Search Patent Databases? With more than 800,000 patents granted annually around the globe, of which an estimated 70 percent of the information in patent documents is not available elsewhere they offer a wealth of information, such as information on the state-of-the-art, which can help an enterprise to avoid wasting resources From: www.wipo.int

Searching Patent Databases Plenty of technical information held in a single repository High possibility that a technical solution to a problem is contained within it Ensures you don’t spend a lot of resources “Reinventing” High quality search can also assist in early identification and mitigation of risks Electronic version of databases provides access at very minimal cost

Searching/Analysis Finding Relevant Prior Art Citations Offensive/Defensive Reviews Invalidity Freedom-to-Operate Infringement Enforcement Patentability Landscapes

Anatomy of a Patent Front Page Drawings Description/ Specification Claims

Front Page- Typical Contents Title Abstract Inventors Assignee/ Applicant Country of Origin Dates Representative Drawing Classification Codes …

Intellectual Property “If you Think it, Protect it…” “Because if it is worth copying, it is worth protecting” 23