12th

October 2014Vol.

CONSULTANTSApplying Intelligence to IP - Globally

TAIWAN INDIA WASHINGTON DC

© TT Consultants, 2014 www.ttconsultants.com

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News Letter

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

our company’s vision and mission

Out and About

Headlines INDIA

Headlines JAPAN

Patent considerations: US-India trade relationship.

Pfizer wins patent for Voriconazole in India.

OTC drug market to reach $6.6 bn by 2016.

Real-time online app opens India’s patent process to public eye.

India Needs To Show It Values Innovation.

India’s intellectual property regime fully compliant with WTO norms:

Government.

Govt forms think tank to draft policy on intellectual property.

Delhi's Nehru Place among top 30 markets that violate IPR.

Recent agreement signals a new era in Australia's trade relationship

with Japan.

Ocean of differences keep U.S. and Japan apart at trade talks.

Japan’s attempt to get in stricter patent protection into free trade

agreement raises concern.

Japan grants Pacific Edge patent for prognostic technology.

Ageing Japan beckons Indian pharma companies.

Page 2 // NEWS // October //2014

Headlines CHINA

US: China's Theft of Trade Secrets a Major Concern

Apple Loses China Patent Case, Separate Suit Against Apple

Continues

Patent Office, China establish electronic exchange for application

priority docs

China takes cyber war to Australia.

Intel gains a new ally in China's chip wars: Beijing.

Articles

Patent trolls.

Determination of Obviousness/Inventive Step- Indian Approach.

Foreign entrepreneurs in China.

The Trans-Pacific Partnership

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

News INDIA

Page 4 // NEWS // October//2014

Patent considerations: US-India trade relationship.

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

and transparency of its relevant laws.

Read More

Pfizer wins patent for Voriconazole in India.

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

Labs Ltd and Natco Pharma.

Read More

OTC drug market to reach $6.6 bn by 2016.

The over the counter (OTC) drug market in India is expected to grow to $6.6 billion by 2016

with pharma companies and chemists increasing their presence in the rural market.

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

'Make In India' campaign.

Read More

Real-time online app opens India’s patent process to public eye.

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,

reviews and corrections and the final decision, on the patent office’s website from September

Read More

News INDIA

Page 5 // NEWS // October //2014

India Needs To Show It Values Innovation.

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

301 Report on account of India’s alleged weak Intellectual Property Rights (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

contentious issue.

Read More

Govt forms think tank to draft policy on intellectual property.

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

drafting a national policy on the subject, among other measures.

Read More

Delhi's Nehru Place among top 30 markets that violate IPR.

"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

News JAPAN

Page 3 // NEWS // June //2014

Recent agreement signals a new era in Australia'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

trade in services).

Read More

Ocean of differences keep U.S. and Japan apart

at trade talks.

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) which includes India.

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.

News JAPAN

Page 7 // NEWS // October//2014

Ageing Japan beckons Indian pharma companies.

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

turn to India for exports of generics.

Japan, which was so far had been a market for patented and innovative drugs, is slowly

realising the importance of low-cost generics, due to growing ageing population.

Read More

Japan grants Pacific Edge patent for

prognostic technology.

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

patent in Japan is a significant …25 September 2014.

Japan grants Pacific Edge patent for colorectal cancer

prognostic technology.

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

where colorectal cancer is the most prevalent cancer.

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.

News CHINA

Page 8 // NEWS // October //2014

Apple Loses China Patent Case, Separate

Suit Against Apple Continues.

A Beijing court has ruled against Apple 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

property rights.

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

to a speech recognition technology were invalid.

But the Beijing First Intermediate Court on Tuesday

decided in Zhizhen's favour, the People's Daily state

newspaper reported on Wednesday.

After the verdict, Apple said it intended to take the case to

the Beijing Higher People's Court, according to the

People's Daily

Read More

US: China's Theft of Trade Secrets a Major Concern.

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

property rights (IPR).

In its annual "Special 301" report on IP rights violators, China led 10 countries on the US Trade

Representative's "priority watch list", marking its 25th year on the list

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

News CHINA

Page 9 // NEWS // October //2014

China takes cyber war to Australia.

Safter stealing the confidential data of American and European companies, China's cyber

spies are now training their sights on their country's latest key trading partner – Australia

Read More

Patent Office, China establish electronic exchange for application

priority docs.

A new 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

file in other member countries in order to hold on to their priority date.

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.

Intel gains a new ally in China's chip wars: 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

intent on producing a viable domestic challenger to the likes of Qualcomm and Samsung.

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

spate of cross-border mergers and cooperation deals.

Read More

Patent trollsNEW YORK/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,

sometimes winning hundreds of millions of dollars.But now the trolls are in retreat from the tech titans.

In the wake of several changes in U.S. law making it easier to challenge software patents, patent prices are plummeting, 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

the patents are not enforceable in court anymore . . . the troll has no legs to stand on.”

“In some cases, there are just no current buyers for these patents at all,” said Robert Aronoff,

founder of the patent brokerage Pluritas, citing new legal standards for the change.

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

and wasteful.”

The birth of 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

patents and litigating to enforce them.

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. “I see it as a Robin Hood function,” he said.

If the so-called trolls had a birth date, it would be the summer of 1994, when a federal appeals

court explicitly allowed computer program patents for the first time.

Read More

Page 10 // Articles // October //2014

Determination of Obviousness/Inventive Step- Indian Approach

For an invention to be patentable: it has to be novel (new) it has to involve an inventive step (non-obvious) it has to be industrially applicable (can be made or used in an industry)

Apart from satisfying these criteria, the invention should also not fall under the category of

non patentable subject matter, as per Section 3 of the Indian Patent Act.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

under debate among the patent office, courts and patentees.

Current definition, 2005:(I). “invention” means a new product or process involving an inventive step and capable of

industrial application;

(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

the invention not obvious to a person skilled in the art.

“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

Foreign entrepreneurs in ChinaIt is hard for small businesses to break into the Chinese market

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

have far fewer resources.

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

shortages and little local knowledge can quickly get overwhelmed

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

multinational companies.

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

are also coming up with new ways to connect these firms to unfamiliar customers.

Deb Weidenhamer runs iPai, a trailblazing foreign auction house in China. Her outfit holds dozens of auctions a year, run simultaneously online and at a trendy site in Shanghai, mostly peddling excess inventories from distributors of fashionable goods. For $15,000, she will add a foreign SME’s product to three of her auctions over several weeks and get user feedback. The result, she says, is that her clients learn quickly and easily if and how much Chinese customers will pay

for their novel products and what they think of them.

For 17-20% of a firm’s Chinese revenues, he will take care of the regulatory filings, product

testing, warehousing and so on required for online sales.

Alibaba, a Chinese e-commerce giant that recently went public in America, is explicitly

courting foreign SMEs

Read More

Page 12 // Articles // October //2014

The Trans-Pacific PartnershipFreer Trade: ASEAN Economic Community and the Trans-Pacific Partnership -

Annual Review 2015

BackgroundTPP: The Trans-Pacific Partnership (TPP) is an ambitious trade agreement through which the

US is seeking to advance its trade and investment interests in the Asia-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,

Singapore and Vietnam.

In addition to providing US goods and services with access to new markets, the TPP will 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 to operate across the region.

AEC 2015The 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, Thailand and Vietnam.

The AEC 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 transform ASEAN into a region with free

movement of goods, services, investment and skilled labour, and the freer flow of capital.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, infrastructure development and tax efficiency

Current StatusTPP: 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

intellectual property, according toThe Japan Times.

Read More

Page 13 // Articles // October //2014

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

Patent Ratings and Tags:

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

minimum or no economic value) to create a patent licensing map.

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