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S A G A C I O U S U P D A T E S

Sagacious Research

Engages Mr. K Vijay Rao

As Business Advisor

Sagacious Research, a

renowned name in the

Patent Information

community, has recently

joined hands with Mr. K

Vijay Rao, a seasoned and

much experienced

industry professional to

scale new heights. Mr.

Rao is now on-board of

Sagacious Research as a

Business Advisor.

Design features bridge the gap between complex computer operations and a user-friendly

interface and make products look intuitive, aesthetically appealing, and quite ergonomic

to use. Thus, U.S. govt. has implemented this new legislation to protect small and

medium sized businesses in industrial design industry to enable them to promptly

acquire design protection in multiple markets.

Patent Law Treaties Implementation Act (PLTIA): Enacted on December 18,

2012, this act implements the provisions of The Hague Agreement (concerning inter-

national registration of industrial designs) and the Patent Law Treaty (PLT). On October

21, 2013, the U.S. Patent and Trademark Office published Final Rules that will

implement important changes the Act makes to the U.S. patent laws.

The Hague Agreement: It is an international registration system that allows industrial

design owners to apply for protection in a number of states and/or intergovernmental

organizations (such as the European Union) using a single international design

application. This empowers American industrial designers to file a single, English-

language application with the WIPO directly or indirectly through the USPTO.

A. Final Rules under Hague Agreement of PLTIA (as published by USPTO)

Rights Extended Under the “Unintentional” Delay Standard-

The 12-month period for filing a U.S. non-provisional patent application or

international (PCT) application may be extended by 2 months.

The 6-month period for filing a design patent application that claims the

benefit of a foreign-filed patent application or a U.S. provisional patent application may

also be extended.

USPTO Publishes Final Rules under PLTIA, Effective from

December 18, 2013 Patent Law Treaties Implementation Act (PLTIA) implements the provisions of the Hague

Agreement & the Patent Law Treaty (PLT) for which USPTO published final rules

Introduction:

The significance of industrial designs whether in mobile technologies, in manufacturing,

or in household appliances has increased manifolds.

Vol- 11, Date: 2nd December, 2013

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B. The Patent Term Adjustment: There is scope of patent term adjustment, if an application is not examined within 8 months of its

filing date or date of commencement of the national stage in an international (PCT) application.

The patent term for design patents is extended from 14 years from the date of grant to 15 years from the date of grant.

Design patent applications filed on or after December 18, 2013 will receive longer patent term.

The Patent Law Treaty:

The PLT streamlines filing and processing procedures for patent

applications filed as international applications under the Patent

Cooperation Treaty (PCT), but does not apply to provisional,

reissue, design, or plant applications.

Final Rules under PLT of PLTIA (as published by USPTO)-

Filing date will be easier to obtain for non-provisional US

utility patent applications:

Such applications need not include any claims (or drawings)

to receive a filing date. However, there still is prohibition

against introducing “new matter” into an application after

the original filing date. This is a safeguard against the loss of

a filing date due to a technicality and is not as a best practice. Such applications may be made “by reference” to a previously-filed

application in place of filing the specification and drawings.

In both cases, the patent applicant will be given adequate time within which to supply a claim(s) and/or disclose any other

information to avoid abandonment of the patent application.

Miscellaneous Changes in Rules:

Supplemental examination proceedings

Inventor’s oath/declaration

First inventor-to-file provision of the Leahy-Smith America Invents Act (AIA)

The recording of ownership rights in patents and applications

Deadlines in existing patent office pilot programs

Conclusion: The Act and Final Rules are effective from December 18, 2013 and marks the next step in improved access to cost-efficient

protection for America’s large and small industrial designers.

S O M E O T H E R T O P N E W S I N T H I S C A T E G O R Y:

China’s BYD Company Ltd. Awarded the 2013 WIPO – SIPO “Outstanding Patent Innovation and Industrial Design” Medal Read: http://bit.ly/1aMevxf China’s Massive Issuance of Patents Could Help Hong Kong Meet Its Ambition of Being An Intellectual Property Hub Read: http://bit.ly/1aM4bFK Read Why and How Wine Makers Should Guard their Brands with Trademark Filings? Read: http://bit.ly/1aMbe10 European Patent Cost Likely to Come Down in 2014 With Introduction of Unitary Patent System Read: http://bit.ly/1emJcsO 1.9 M Patent Applications Filed in IP5 Patent Offices in 2012 As Per Statistical Report of European Patent Office (EPO) Read: http://bit.ly/1emJb8c Chinese Government Plans to Strengthen IP application, Protection and Set up an IP Court Read: http://bit.ly/1emJb8e

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Clear cell renal cell carcinoma (most common)

Papillary renal cell carcinoma (second most common subtype)

Chromophobe renal cell carcinoma (subtype accounts for about 5% of RCC’s)

Collecting duct renal cell carcinoma (subtype is very rare)

Although, unlike most other cancers, diagnosing a kidney cancer is fairly easy even without a biopsy (removal of a sample of the tumor to

be looked at under a microscope) but imaging tests are done to determine with certainty that a kidney mass is (or is not) cancerous.

Computed tomography (CT) scans, magnetic resonance imaging (MRI) scans, and ultrasound can be very helpful in diagnosing most kinds

of kidney tumors, although patients rarely need all of these tests. Other tests, such as chest x-rays and bone scans, are more often used to

help determine if the cancer has spread (metastasized) to other parts of the body. Its early diagnosis is quite significant for its treatment.

Issuance of Patent to Cancer Genetics Inc. for Detecting Subtype of Renal Cortical Neoplasm

Cancer Genetics Inc., a US diagnostics company has been issued a formal Notice of Allowance (NOA) by U.S. Patent and Trademark

Office for its patent application that covers a panel of probes that are used to detect and differentiate types of kidney cancer. The patent

covers a proprietary technique for detecting the subtype of renal cortical neoplasm that assesses 19 genomic biomarkers associated

with certain subtypes of renal cancer. Analysis of these genomic abnormalities allows for accurate diagnosis of the four main types of

kidney cancers that represent about 90% of all cases. The inclusion of such genomic markers in diagnosis and prognosis paves path for-

• Accurate diagnosis of renal masses that often cannot be categorically classified by routine histology.

• Apply findings to biopsies obtained by less invasive procedures to distinguish benign from malignant lesions

• Reduce unnecessary surgical procedure

• Reduce associated financial burden on older population

• Enhance the precision with which therapy can be personalized

The methods detailed in patent have been validated in large studies conducted in partnership with Memorial Sloan-Kettering Cancer

Center and the Cleveland Clinic.

Related Patent

WO2002082076 A2 entitled “Renal cell carcinoma tumor markers” also relates to tumor markers that can be used for screening,

diagnosis, prognosis (outlook) and identification of sub-tpyes of renal cell carcinoma. It uses the identified antigenic proteins in

immunoassays and tumor markers as immunogens for stimulation of an immune response.

Cancer Genetics Inc. Patents Kidney Cancer Diagnosis Method

Cancer Genetics Inc. is issued a patent for detecting sub-type of renal cortical neoplasm

Occurrence of Kidney Cancer

Kidney Cancer is the 8thmost common type of cancer diagnosed and ~ 3 out of 4 people diagnosed

(75%) with it are aged 60 or older. It is diagnosed more often in men than women. This could be

because smoking greatly increases the risk of acquiring kidney cancer. About 9 out of 10 kidney

cancers are renal cell carcinomas (RCC) and some of its sub-types (based mainly on how the cancer

cells look under a microscope) are the following -

L I F E S C I E N C E S

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Conclusion

Since cancer’s stage is by far the best predictor of survival, this newly patented technology that quite easily diagnoses the renal cancer

before it metastasize (spread) to distant organs in the body besides predicting the RCC subtype can help doctors to determine whether the

cancer is due to an inherited genetic syndrome or some other reason and develop much more accurate and effective personalized

treatments in future.

S O M E O T H E R T O P N E W S I N T H I S C A T E G O R Y:

Novogen Limited Files Many Provisional Patent Applications in the US for anti-tropomyosin (ATM) drug technology Used in Cancer Therapy Read: http://bit.ly/1cyxvOx Nestle Loses Patent on a Nespresso Single-serve Coffee Machine Read: http://bit.ly/1cyoa9A IPCA Labs Wins Trademark Battle Against Anrose Pharma in India Over Use of Word ‘Zerovol’ Read: http://bit.ly/1c8klJJ US I-MAK Blocks Gilead Sciences Bid For Indian Patent of Sofosbuvir Drug That Treats Hepatitis C Read: http://bit.ly/1c8apzY India’s King Multi-tech Global Now Bids to Trademark ‘Stem Cells’ Read: http://bit.ly/1c8apzY IPAB Revokes a Patent of US-based Kibow Biotec for “Pre-& pro-biotic Compositions & Methods Used in Gut-Based Therapies” Read: http://bit.ly/1aBDaEQ BMS Wins Patent Infringement Lawsuit against Mylan Over Generic Version of HIV Treatment “Sustiva” Read: http://bit.ly/1aBCn6M

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Here are some examples of popular & profitable patent related

Sony has filed a patent for special smart wigs with built-in sensors and a

wearable computing device that is adapted to cover at least a part of a head of a

user. The invention disclosure reveals that at least one sensor, the processing

unit and the communication interface will be arranged in the wig and remain

partly covered by it in order to be visually hidden during use. This is a bit more

bizarre than the tattoo concept but is in line with the growing upward trend for

wearable tech devices with which people are accessorizing, like the color-coordinated fitness trackers and super-spy-like smart watches.

Wearable Technology

The wearable technology is everywhere: on your wrist, on your shoes,

wrapped around your chest and connected to your phone. These

products that now seem insane are actually “the next megatrend”. They

would definitely change the way we live, work, and play. As per some

estimates, by 2017, consumers will be demanding for more wearable

devices, boosting shipments to a total 64M— 8 times more than the

8.3M purchased in 2012. The wearable computing trend has been

gradually growing and more and more devices such as Pebble Watches, Google Glass and Nike FuelBands, are gathering attention of

consumers. Yet, it is a challenge to entice consumers for wearable tech devices because designs of all the wearable gears are not much

fashionable and aesthetically appealing and as such consumers are not always willing to wear them. Here are some of the uses of a wearable

gear- Wearable tech products provide information we really need to improve our health and our lives. There is much that can be done with

help of these devices. Consumers can use them to count steps, calories, heart rate and collecting so much data.

Google has developed “Google Glass”, a wearable device that syncs

with email, text messages, Facebook, Twitter, takes photos, records

movies, and can search the web besides providing location

information, maps and directions that it displays in a small prism

above a user’s right eye. Many are sports-related gadgets,

including Reebok’s Checklight for monitoring the number of

blows to the head football players take, Instabeat for tracking

swimmers’ heart rate, calories, laps, and breathing patterns, and

Misfit Shine, which tracks steps taken, activity levels, and sleep.

Wearable Technology “The Next Megatrend”!

The wearable technology that now seem insane are actually “the next

megatrend”.

Soon after the Motorola Mobility (Google owned subsidiary)

filed a patent for an electronic smart skin tattoo, Sony has

dived in to outshine the invention.

T E C H N O L O G Y

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Prominent inventions & Companies in Wearable Tech Domain

A comprehensive research reveals that several tech companies including Samsung, Apple, Pebble and Sony have entered the wearable

tech market space recently. But at present, few devices such as Pebble smart-watch and Misfit’s Shine have become successful. The British

firm Intelligent Environments has even launched a new banking app for use with Pebble wearable smart devices. Shine by MisfitWearables

available atwww.misfitwearables.com or at some Apple retail stores is a beautifully designed, completely water proof chrome disc that

can be clipped to one’s pocket or anywhere close to the body and measures a person’s activity ranging from “light activity” to “moderate” to

“heavy activity,” and knows when user is cycling and when is he awake. It uses a high precision 3-axis accelerometer to measure activity

levels based on the users’ vertical and horizontal movements, so it can track when a user is asleep, and track their fitness levels. Other

successful device is MC10’s wearable tech “Biostamp,” a seamless sensing sticker that measures a variety of physiological functions: data

from the brain, muscles, heart, body temperature, even hydration levels. MC10 is a renowned name in fitness, consumer health,

and medical devices market.

Apple is also soon going to deliver its first piece of real wearable technology or a grander scheme for how wearable tech can be used. It

much recently filed a US patent application 20130294306 where it uses mobile radio communication devices, such as cell phones, to

provide network access to their other devices without having to manually enable such connections. The other devices can benefit from the

network access while remaining in low-power mode during a short-range connection that uses a low-power enabled connection.

Patents Related to Wearable Technology

Data from state-of-the-art searches reveal that there is heavy patenting in wearable technology domain. As such, companies like

Fullpower Technologies, a provider of technology for wearable computing devices, have a huge patent portfolio with several patents such as

US Patents 8,187,182, 7,647,195, 7,970,586, and 8,320,578 among others.

Google, the developer of “Google Glass” pioneers in commercialization of the products of the wearable technology domain. There are

speculations that Google has amassed Hon Hai patents for use in the display technology for Google Glass as much recently, Google Inc.

bought its technology patents used in gaming and training simulations. Hon Hai Precision Industry Co. owns several patents related to

wearable tech, for instance, Patent No. US 8419268 B2 entitled “Wearable electronic device”.

Patent No. US7229385 B2 entitled “Wearable device” is in name of Samsung Electronics Co., Ltd. and invention relates to a flexible

body configured and sized to be secured onto a wearer that will support the display element at a comfortable viewing angle.

Patent No. US 8517896 B2 entitled “Wearable device assembly having athletic functionality” is assigned to Nike, Inc. and relates to a

wearable USB type device having athletic functionality. The device may also be configured to receive calibration data such that a measured

distance may be converted to a known distance based on athletic activity performed by a user.

Patent Application EP2504961 A1 assigned to Pebble Industries Inc. relates to an invention for helping users experiencing an

increasing number of alerts and notifications on their mobile devices via an

accessory capable of notifying the user of alerts from the network-connected device,

allowing the user to quickly be advised of alerts without needing to first interact

with the network-connected device.

Conclusion

As we take a glance into the future of wearable technology, we see it find

applications in wider genre that goes beyond sports, health and fitness. However, its

continued growth depends on ability of tech companies to keep inventing devices

which will deliver meaningful and actionable data to improve consumer’s lives.

Consumers expect the technology to be able to let them interact and share their data

with others via an immersive, connected system. Moreover, they also demand that

interpretation of the data collected from wearable tech provides an insight (or

advise) so as to enhance the user experience, and encourage its sharing with others.

Thus, inventors and researchers must be well aware of the present patenting

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scenario, the prior-art and the overall advancement in the wearable technology domain. They must seek patentability

searches and technology watch before the onset of patenting process to assess their invention. There is a growing demand for better

equipped smart wearable devices which alone can be met if such devices are made which will find extensive applications in all the desired

areas from healthcare diagnostics, augmented reality gaming, to agriculture where they can serve in effective monitoring of natural

resources.

Acacia, the largest patent licensing firm, had signed several patent licensing contracts (for making big bucks in licensing revenue) since

then with many high profile technology firms including Microsoft. On the other hand, Acacia has also sued companies such as Oracle,

Corel, Kodak, Nuance, Borland, Novell and others on grounds of patent infringement. Following are the two Microsoft-Acacia licensing

agreements signed in the past-

• In 2010, over patents for smartphone technology

• In 2011, over e-mail messaging patents

The relationship of the two companies went sour much recently when Acacia filed 7 lawsuits in a row against Microsoft in October 2013 in

Delaware, Illinois and Texas. In retaliation, Microsoft Corp., (MSFT) the world’s largest software maker, has filed a counter lawsuit against

Acacia Research Corp., and its various subsidiaries, on account of breach of a licensing contract that the two companies had signed some 3

years back. It relates to more than 12 patents related to smartphone and mobile computing technologies. US Patent No. 8271467

B2 entitled “Worldwide web registration information processing system” is a classic example of mobile computing patent owned by Acacia

Research with potential to be licensed due to its broad claims and wide usability.

Microsoft has alleged that Acacia’s lawsuits are nothing but an abusive litigation behavior that is aimed at extracting payment based on

litigation tactics and not the value of its patents. Microsoft licensing deals , on the other hand, earns a big chunk of money for the

company while being solely relying on the value of Microsoft patent portfolio.

The case, filed in Oct 2013, is Microsoft Corp. vs. Acacia Research Corp. 13-cv-8275, U.S. District Court, Southern District of New York

(Manhattan).

Conclusion:

In a recent news update on our blog, we had revealed that Microsoft and other major patent holders including IBM do not wholly support

patent reforms. Microsoft has spoken out in favor of reform measures such as loser-pays, fee-shifting and more transparency in patent

ownership. But, Microsoft has raised opposition on some parts of the patent reform bill on grounds that it weakens the US patent system

and the engine of innovation at large. In such a scenario, Microsoft’s rivalry with Acacia can be an eye opener for big tech firms. Licensing

is profitable and opens new sources for revenue generation but it is equally important to understand that before entering any licensing

deal, a company has to ascertain the value of patents (that one can ascertain by patentability/novelty searches) so that if in future,

either they don’t license it or if an infringement lawsuit is filed, they are well prepared to fight it.

Microsoft & Acacia Lock Horns over Licensing Deal

Microsoft Corp., has filed a counter lawsuit against Acacia Research Corp.,

and its various subsidiaries.

Since last 18 years, Acacia has filed at least 337 patent-infringement

lawsuits. In 2010, Acacia Research Corporation became the General

Partner of the Acacia Intellectual Property Fund, L.P. This

institutional investment group, together with a subsidiary, provided a

total of $27 M as an initial funding commitment. With the total

infusion of ~$250 M, it became certain that Acacia will be

accumulating more patents and will be going after more high profile

targets.

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S O M E O T H E R T O P N E W S I N T H I S C A T E G O R Y:

Apple Applies for 5 US Patents for Liquidmetal & 3D Printing Read: http://bit.ly/1aM5HaJ Samsung Files New Patent Application with USPTO for Smartphone Eye Scanner Read: http://bit.ly/1aM5HaJ Read 5 Most Important Aspects of $290 M Apple-Samsung Patent Litigation Verdict Read: http://bit.ly/1epZ3qI Social Media Messages now Google-fied Read: http://bit.ly/1cCCiys The Secrets Of Ferrari’s Next Hybrid Car “Grand Tourer” Revealed In Patent Read: http://bit.ly/1cyxvOz

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renewable energy sources is often referred to as “green power” and it uses

energy sources, such as wind, solar, geothermal, hydro, and biomass for its generation. Green power products include electricity

generated exclusively from renewable resources or, more frequently, electricity produced from a combination of fossil and renewable

resources.

Some Interesting Greentech Patents (or Applications) Published in 2013 –

US 20130224841 A1 entitled “Method for establishing synergism between renewable energy production and fossil energy

production” The renewable energy is from the cultivation of microalgae and the extraction of its oil content, production of

methane, and coincidentally-produced oxygen.

WO 2013072709 A2 entitled “Solar thermal hydro-electric power plant for simultaneously energy and drinking water

production“ for the simultaneous production of energy and drinking water.

US 20130264279 A1 entitled “Renewable energy micro-generation system” that comprises of one or more portable

containers that has many small holding tanks configured to perform at least one of pasteurization and thermophilic anaerobic

digestion on waste, a large holding tank that is configured to perform mesophilic anaerobic digestion on the waste and a de-

watering unit configured to dry what remains of the waste after mesophilic anaerobic digestion is performed.

CA 2769079 A1 entitled “Standalone alternative energy generator“ is a portable electricity generator. The unit combines solar

and wind generating abilities into one ensemble equipped with a battery and an inverter. The unit presents a usable 110v outlet to

the consumer or can be tied into the consumer’s household grid via an enclosed AC inverter. The solar panel and wind

generator charge the battery which can then be used to power electrical equipment.

US 20130257049 A1 entitled “Renewable energy extraction device tolerant of grid

failures. It includes a turbine driving a hydraulic pump and a variable displacement

hydraulic motor driving an electrical generator connected directly to an electricity grid.

Rise of Greentech- Role of Patents & Patent Laws

Patents for renewable energy inventions are rising sharply, in the U.S. and around the world. If we

consider the US data alone, it has been revealed in a USPTO press release that 1062 patents have

been issued in this sector since 2012. The positive growth in patenting for green innovations is

attributable to-

• The significant decrease in the examination time since the Green Technology Pilot

Program was started by USPTO (in 2009) led to an increase in grant of green patents.

• Private and federal investments into renewable energy research.

• Universities, companies, and the government are increasing incentives for this growing area

of research

• A robust patent system that not only perpetuates (or incentivize) more inventions in an ongoing cycle of innovation, in addition,

provides an incentive for investment as well.

Rise of “Greentech”- Role of Patents & Patent Laws The world has witnessed a tremendous increase in global markets for Green

Technology. It grew at a ~30% in 2011, combined total market size ~ $246b.

Introduction

Clean renewable energy has become significantly important world over.

The world has witnessed a tremendous increase in global markets for

solar photovoltaic, wind power, and biofuels that grew at a 30% in 2011,

to a combined total market size of $246B. Electricity that is generated

from

E N E R G Y

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A patent right (or IP right) is an exclusive right that is freely exchangeable. It can be bartered, sold, exchanged, or licensed. Thus,

patents provide investors with a defined asset that can have tremendous value to another investor or a larger company and even enables

them to obtain market dominance in a particular technology area. When a technology becomes popular, patent rights surrounding the

technology allow the owner of the right to charge consumers more for the products or services covered by the patent, thereby significantly

enhancing its value. Later, as the technology matures, key players can still benefit from their patents and grow their market share. At this

stage, the patent right can be asserted in litigation, or threatened litigation, to prevent competitors from selling competing products when

those products are covered by the patent right. Patent owners can also force competitors to pay royalties for use of their patent right.

Thus, there is no undermining the value of green patents, In fact, companies in this domain must not only scale up their R&D efforts but

also invest in identifying white spaces and gaps in the green technology areas via state-of-the-art searches. Keeping a track of green

innovations by seeking technology watch services would, in fact, also be a sound investment.

Conclusion

In the pursuit of encouraging green technology, role of patent system is critical. Robust patent protection for greentech will not only lead

to increased private investment but will also create green jobs, and the result will be enhancement of ongoing progress of green technology

that will ensure profitability and pave path for growth of enticing markets where a wide variety of useful and economically priced green

products will be available.

S O M E O T H E R T O P N E W S I N T H I S C A T E G O R Y:

WIPO GREEN: A New Online Marketplace to Connect Innovations & Technology Solutions for Climate Change. Read: http://bit.ly/1cCJtqs

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