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Nitin Nair, Senior Partner, BananaIP Counsels delivered an invited talk, as a part of the Programme on "Intellectual Property Rights for Software" held on 08-10 August, 2018 at Centre for Ai & Robotics (CAIR), DRDO, Bangalore. <br><br>His talk focused on the changing face of protecting software related inventions in India. This session includes a look at relevant sections of act, legal decisions, and alternate forms of protection. <br><br>Email us for Patent or other IP queries at contact@bananaip.com
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Computer Related Inventions (CRIs) in India Nitin Nair BANANAIP Counsels (c) BananaIP Counsels, 2018 (c) BananaIP Counsels, 2018
PATENT PROCESS Drafting (specification & claims) Filing (respective Patent Offices) Publication Prosecution (claim amendments/response in response to office actions) Maintenance (c) BananaIP Counsels, 2018
PATENTABILITY CRITERIA • Subject matter • Novel • Inventive step • Industrial application • Disclosure (c) BananaIP Counsels, 2018
SUBJECT MATTER • Product or process • Exclusions • A mathematical or business method or a computer programme, per se or algorithms • literary, dramatic, musical or artistic work or any other aesthetic creation* • a mere scheme or rule or method of performing mental act or method of playing game • a presentation of information* • topography of integrated circuits* (c) BananaIP Counsels, 2018
EXAMPLE CLAIMS • An apparatus comprising: an elongated flexible member adapted to be removably inserted into an enclosure; a dispensing mechanism operable to selectively dispense and retract said elongated flexible member; a counter configured to determine an amount of said elongated flexible member dispensed by said dispensing mechanism; a controller configured to receive said amount of said elongated flexible member dispensed from the counter and determine a rate at which said elongated flexible member is dispensed; and a display in data communication with said controller, wherein said controller causes said rate at which said flexible member is dispensed to be displayed in relation to a visual representation of said enclosure on said display. (c) BananaIP Counsels, 2018
EXAMPLE CLAIMS • 1. A scheduling system for scheduling operation of a device, the scheduling system comprising: a touch screen based user interface adapted to display a plurality of scrollable, selectable options corresponding to different settings, different modes of operation of the device to be scheduled and different time zones for which the device is to be scheduled for, said touch screen based user interface further adapted to display the different settings, the different modes of operation of the device for the different time zones as selected by a user to define a particular operation schedule for the device; a selection module adapted to facilitate navigation and selection of the options from the plurality of scrollable, selectable options displayed on said touch screen based user interface for selectively defining a particular operation schedule for the device; a storage memory adapted to store data corresponding to different settings, different modes of operation of the device to be scheduled and different time zones for which the device is to be scheduled; and a communication network adapted to facilitate communication of different settings, modes of operation of the device corresponding to different time zones in accordance with a particular operation schedule to the device for controlling the device as per defined operation schedule set by the user for the device. (c) BananaIP Counsels, 2018
EXAMPLE CLAIMS A method of classifying in real-time objects present at a location, the method comprising: • Capturing (302) in real-time, by an imaging device, at least one image at a location; and • performing, by a single board computer connected to said imaging device, the steps of: • detecting (304) presence of one or more objects as present within the captured image and generating a geometrical representation for the objects; • shortlisting (306) at least one object out of said detected objects based on at least one of: generated geometrical representations; a number of pixels; and an aspect ratio; • classifying (308) said at least one captured image under at least one category based on the shortlisted object, in accordance with a pre- defined class-prediction criteria. (c) BananaIP Counsels, 2018
EXAMPLE CLAIMS A system and the associated method to search for suitable area for one or more than one usages including construction, location and/or operation of one or more than one type of physical objects in a surveyed geographical terrain, comprising acts of: representing said surveyed geographical terrain as a spatial system comprising of one or more than one data points where each surveyed geographical terrain point is mapped to a specific data point in said spatial system; addressing each of said spatial system data point entities through one or more than one co-ordinate systems which include Cartesian coordinate, military GRID coordinate, polar coordinate, spherical geographic coordinate, simultaneously; grouping and addressing one or more than one subsets of said spatial system data points as a specific addressable object which mayor may not have one to one correspondence to real world objects as described in the surveyed geographical terrain; depicting each of said addressable objects in multiple resolutions as chosen by the operator of the system; defining and storing a set of one or more criteria for evaluation of suitability of an area for the said physical object; enabling an operator to choose a subset of criteria from the stored set of criteria; and searching said spatial system representation of said surveyed geographic terrain using the subset of criteria to decide on suitability of an area in the said surveyed geographic terrain for said physical object. (c) BananaIP Counsels, 2018
EXAMPLE CLAIMS A method of scheduling and displaying an online presence status of a user of an instant messaging (IM) application, comprising: • setting, by presence management server (PMS) (500) containing a processor and a memory, a routine online schedule of the user, the routine including a start time, an end time, a time zone, and a routine status that indicates a preference of the user to appear online or offline in the IM application between the start time and the end time; • determining, by the presence management server (PMS), the online presence status of the user in the IM application as user and a current time, wherein the online presence status is set to be equal to the routine status when the current time is between the start time and the end time for said time zone regardless of the user being on line or offline in the IM application, wherein the online presence status is not equal to the routine status when the current time is not between the start time and the end time, wherein the user appears online in the IM application if the user desires to appear online according to the routine status even if the user is offline in the IM application, the routine online schedule of the user being stored to enable the determining of the online presence status of the user; and • displaying, by the presence management server PMS),the determined online presence status of the user in an IM control panel (350) of other users. • (c) BananaIP Counsels, 2018
EXAMPLE CLAIMS • A system for managing and monitoring prenatal image data across a network comprising: a plurality of ultrasound machines distributed at various geographical locations, wherein each ultrasound machine comprises: - an ultrasound engine to scan the prenatal images from the ultrasound machine; and - a master-data storage to store the prenatal images scanned by each ultrasound engine in the master data storage of its corresponding ultrasound machine; and - a remote server linked to each ultrasound machine of the plurality of ultrasound machines to form the network such that the prenatal image data can be managed and monitored from a remote location by authentic users. - (c) BananaIP Counsels, 2018
EXAMPLE IDEAS • Prior art: Optical image stabilization (OIS) and electronic image stabilization (EIS) are existing independent methods for reducing movements during video recording. • Invention: Optical stabilization first helps to stabilize the shot through mechanical means without any loss of image resolution. That input is then fed to the electronic stabilization system, which detects any leftover shake and then crops/aligns the footage to further stabilize the shot. • The phone compares position data of the OIS camera with position data from the phone’s built-in gyroscope to further stabilize video as you record. • All this happens automatically during video recording and in real time. (c) BananaIP Counsels, 2018
EXAMPLE IDEAS • Prior art: A manually flight control system comprising a mechanical circuit which links cockpit controls with hydraulic circuits, wherein the cockpit controls are controlled manually and the hydraulic circuit controlling one or more aircraft systems based on the inputs. • Invention: Taking inputs from sensors present in the aircraft (inputs such as accelerometer, air data, gyroscopes, and so on), flight control computers create second order equations that calculate corrections to be made to actuators at each control surface of the aircraft to stabilize the aircraft. According to the calculations, the flight control computers send corrections to the aircraft's control surfaces to enhance the stability of the aircraft without the pilot having to act. (c) BananaIP Counsels, 2018
EXAMPLE IDEAS • Video 1 • Video 2 (c) BananaIP Counsels, 2018
HOW TO PATENT The claims and the description • Should include hardware elements • (c) BananaIP Counsels, 2018
ALTERNATE MEANS OF PROTECTION • Trademarks • Copyrights • Designs • Trade secrets • Semiconductor layout (c) BananaIP Counsels, 2018