Patent Basics and Intellectual Property Rights

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The document discusses intellectual property rights (IPR) and intangible assets. It provides examples of patents, including brief descriptions. It notes that intangible assets do not exist in the physical world but can be characterized, valued, owned, transferred, and monetized. Brand image, secret formulas, and user bases are identified as some of the most valuable intangible assets, often worth more than physical plants and servers. Patents, trademarks, and copyrights are described as key types of intangible assets that can build brands and provide legal protection.

Law

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Intellectual Property Rights
Basics of Patents
Case Studies & Examples

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IPR – Conventional Approach
Basics of IPR
Types of IPR Laws
Judgments
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IPR – Practical Approach
Case Studies Examples
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Case Study – 1
All-Cash Deal
2011
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Case Study – 1
$8.5 Billion
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Case Study – 1
$8.5 Billion
Intellectual Assets
Patents
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Case Study – 1
Patent Example – 1
“Synchronizing contacts”
US Patent 7743024
Filed: 05/01/2007
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Patent Example – 2
“Method of transmitting data in a communication system”
US Patent 7817625, Filed: 03/12/2008
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Patent Example – 3
“User interface icon for a portion of a display
screen”
US Patent D627791, Filed: 01/06/2009
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Patent Example – 4
“Instant messaging communication system and method”
US Patent 7996775, Filed: 12/19/2007
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Patent Example – 4
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Intangible Assets – IPR
Do not exist in Physical World
Can be Characterized
They are not financial instruments like cash, bank
accounts, bonds & stocks
Can be Valued & Owned
Can be transferred
Can be Monetized
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Most Valuable Asset
SECRET FORMULA
More Valuable Than
PHYSICAL PLANTS
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Most Valuable Asset
USER BASE
More Valuable Than
SERVERS
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Intangible Assets – Summary
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Thank You!
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How to calculate damages during patent infringement? In case of patent infringement, there are two types of damages: (a) Loss Profits, and (b) Reasonable Royalty. Loss profits imply additional profits that the patent owner would have made if there had been no patent infringement. Reasonably royalty on the other hand implies minimum damages that a patent owner can receive pertaining to a reasonable amount that someone would have agreed to pay to the patent owner for using the patented technology and patent owner would have accepted. How to calculate damages during patent infringement? In case of patent infringement, there are two types of damages: (a) Loss Profits, and (b) Reasonable Royalty. Loss profits imply additional profits that the patent owner would have made if there had been no patent infringement. Reasonably royalty on the other hand implies minimum damages that a patent owner can receive pertaining to a reasonable amount that someone would have agreed to pay to the patent owner for using the patented technology and patent owner would have accepted. Provisions related to Patent Damages as per US Patent Law In accordance with the provisions of US patent laws (35 U.S. Code § 284 – Damages), section 284 states that a patentee is entitled to damages adequate to compensate for any infringement and that compensation cannot be less than a reasonable royalty for the use made of the invention by the infringer. How to determine “reasonable royalty” damages? In past, various federal courts in US have clarified that in case patentee is unable to prove actual damages (i.e. loss profits), there exists no single methodology to determine reasonable royalty damages. Standard Essential Patents (SEPs) Technical standard across various industries are defined by standards organizations (SDOs) that can be patented by private companies to protect their research and development activities. Such patents relating to standardized technology may be used by patent owners to pressurize the market and create monopoly to prevent competition. Accordingly, the SDOs require their participants do disclose patents covering standards prior to adoption. SDOs further require the patent owners to license such patents on “fair, reasonable and non-discriminatory” (FRAND) terms. However, FRAND terms have been core of various patent infringement lawsuits, specifically in the smartphone industry, wherein the industry standard covers core features of any smartphone, such as, for example, wireless connectivity (WiFi), Bluetooth, GPS (location capabilities), and the like. WiFi Standard Essential Patents (SEPs)

US Patent Litigation CSIRO v. Cisco - Judge Davis's Damages Calculation of Re...

Rahul Dev

Patents Granted by Indian Patent Office in August 2014 - Overview

Rahul Dev

Tesla recently published a blog that Tesla is opening up its patents to competitors and will not initiate patent infringement lawsuits against any party that wishes to develop further technologies based on Tesla Patents, all in good faith. It does not imply that tesla is joining Open Source movement, Tesla's press release begins with a dramatic statement, “Yesterday, there was a wall of Tesla patents in the lobby of our Palo Alto headquarters. That is no longer the case. They have been removed, in the spirit of the open source movement.” It is a strategic and well thought-out business decision. There are two ways to increase your revenue: (1) fight for a larger market share; (2) increase the size of the market. In the world of electric cars, which represent less than two per cent of automobile market, the competition comes not from other electric car makers, but from cars that run on gasoline. Fighting for a larger market share makes little sense, particularly for Tesla, the undisputed market leader. Consumers don’t rush to buy electric cars because there are not enough charging stations. And businesses do not rush to invest in building charging stations until there are enough cars to use them. The solution: never mind your slice; increase the size of the pie. Patents don’t help to do that. They serve as entry barriers. Hence, the logical solution is to open the patents to competition. There are more such examples of free patent licensing by HP, GSK and other companies.

Elon Musk Has Promised Not To Enforce Tesla Patents - Here Are 5 Similar Exam...

Rahul Dev

Pharmaceutical patents in india – compulsory licensing, health emergency & affordable healthcare – patent laws in india pharmaceutical patenting in india, product patent in pharma, india pharmaceutical patent law, pharmaceutical patent cliff, pharmaceutical patent litigation, pharmaceutical patent lawyer, pharmaceutical patent expiry, pharmaceutical patent length, pharmaceutical patent expirations

Pharmaceutical patents in india – compulsory licensing, health emergency & af...

Rahul Dev

Health & Fitness Tracking Trends: 2014 Rahul Dev is a recognized industry expert in Intellectual Property, Patent Strategy & Technology Consulting. He assists clients in formulating profitable and sustainable Patent & IP Strategy for international business. As a Patent Attorney & Business Lawyer, he is invited to speak at various International events, News Channels, National & International Conferences, Workshop for CEOs, Govt. Events. He is an active blogger & his views have been published by International Publications, Economic Times, Law Journals, Tech Magazines, Digital News Networks. International Law Firms, Executives from Technology Corporations, Investors, Entrepreneurs & Startups worldwide (US, EU & Asia Pacific) consult him on Patents, Trademarks, Intellectual Property Rights, Product Strategy, Technology Development, Corporate & Securities Law, Technology Ventures, Financing, Fundraising and International Business Advisory. He works closely with patent attorneys worldwide for patent drafting, prior art searches & patent research (analytics), in field of Software Patents, Wireless Communications Patents, Mechanical Patents, Medical Devices, Healthcare, Life Sciences & Genetic Engineering Patents. He serves as SME & Startup Mentor @SMBconnect.in & visiting faculty at Global Institute of Intellectual Property (GIIP). His qualifications are BS, MS, MBA & LLB (JD). He is member of Bar Council of India, Delhi Bar Council, Indian Patent & Trademark Office, Delhi High Court Bar Association. In past, Rahul has worked with Amarchand Mangaldas, largest Indian Law Firm. As a business savvy technology lawyer & strategic patent attorney, he serves as: ✈ Founder & Director, Tech Corp International Consultants (Singapore), APAC Technology, Business & Management Consulting Company ✈ Founder & Partner, Tech Corp Legal LLP, Indian law firm (BioCorpLegal & CyberCorpLegal Services) ✈ Closely associated with two international patent law firms (US, Asia) Specialties: Litigation, Patent Litigation, Patent Infringement, Corporate & IP Strategy, Startups: Incorporation, Funding, Brand Management, Contracts & Agreements, Legal Research, SWOT, Corporate Governance, Due-diligence, Mergers & Acquisitions, Antitrust & Competition Laws, Regulatory Affairs, Freedom-to-Operate, Patent Drafting, Claim Drafting, Patent Searches, Office Actions Response, USPTO Patent appeal briefs, Patent Invalidation Analysis, Patent Opposition, Product-Claim Mapping, Patent Enforcement

Health and Fitness Tracking Devices - Trends 2014 | Top Players: Apple, Nike,...

Rahul Dev

Website and online terms and conditions at reasonable fixed price from Indian Web lawyer| Internet Cyber Lawyer in India Details: http://wp.me/p2PCVq-NS Website terms create a binding contract between the buyer and the seller Although the terms are drafted to secure seller’s interest, consumer rights shouldn’t be ignored Businesses should also take strict measures to protect their own intellectual property rights by filing appropriate copyrights, trademarks, patents and design protections both domestically and internationally, which ensures strong brand protection in the digital world.

Analysis of online website terms and conditions of use between amazon flipkar...

Rahul Dev

Difference between Microsoft Nokia Acquisition and Google Motorola Deal - Pat...

Rahul Dev

Private Equity, Venture Capital, Angel Investment and Funding Basics - Indian...

Rahul Dev

Breast Cancer – Patents Executive Summary Introduction Breast cancer is a malignancy that effects women across the world and is most prevalent among various types of cancers. Patents are jurisdiction specific exclusive rights that are sought by innovators across various technological fields. breast-cancer-ribbon However, patent rights become questionable and debatable when these are sought in respect of pharmaceutical drugs, medical devices, surgical techniques, diagnostic tests, personalized medicines and research tools related to healthcare. Across Western jurisdictions, patents have been sought for artificial plant varieties (hybrid plants, genetically modified plants etc.), animal species created with human intervention (Harvard Oncomouse, Dolly the Sheep etc.), and methods of human treatment. Due to the presence of numerous patents in the field of healthcare, it imminently results in the requirement of large number of licenses to access patented technology, which subsequently leads to increased cost of treatment because of accumulation of royalties (royalty stacking) to be paid to the patent holders. Therefore, in developing countries like India, it becomes highly controversial as to whether to grant such patents to protect Intellectual Property Rights (IPR) or to focus on affordable healthcare by rejecting such patents. Strategy, Scope and Focus With a view to discuss implications of patents specifically related to breast cancer, we have researched and analyzed the breast cancer patent landscape in India and US, in light of latest legal developments, with special focus on Trastuzumab (a medicine which treats a form of breast cancer) and US Supreme Court judgement to overturn Myriad Genetics’ patents on the “breast cancer genes - BRCA1 and BRCA2”. Breast Cancer and Patents Basics of Patent Rights As it is well known that patent protection is granted for a limited period of 20 years, wherein the patent holder holds exclusive rights for exploitation of the patented invention. Generally, patents are aimed at encouraging innovations by providing incentives to the patent holders by offering them recognition for their creativity. Biotechnology Patents In the field of biotechnology and healthcare, the cost of reparation is crucial, as the research in these fields is highly expensive. The financial investments can only be paid off if the companies can protect results by exclusive rights (patents) and gain the competitive advantage. Gene Therapy Patents Historically, there has been a close relation between gene therapy, patents and scientific advancements. Large pharmaceutical companies have invested huge amount of capital in patenting genes, either on their own or by acquiring small biotech companies. For example, Swiss pharmaceutical company Sandoz (subsidiary of Novartis) acquired Genetic Therapy Inc. of Gaithersburg, Md. In 1995, for about $295 million. At that point of time, Genetic Therapy held e

Breast Cancer Patents Research - Myriad Genetics in US | Trastuzumab in India...

Rahul Dev

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