Indian Journal of Science Communication (Volume 2/ Number 1/ January – June 2003)

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Intellectual Property Rights Information Through Digital Medium : A Case Study

Partha Bhattacharya and Qutbuddin Siddiquee
Foundation for Innovation and Technology Transfer (FITT), Indian Institute of Technology
Hauz Khas, New Delhi - 110 016

Abstract

The paper describes the various digital media options available for IPR information searching with a special focus on Indian Intellectual Property (IPR) System. The shortcomings of Indian IPR Information System has been described in detail. It states that India is lagging behind International IPR Systems in the area of dissemination of information. The initiatives taken by various agencies have been mentioned. The paper also attempts to make a comparison between two Indian Patent CDs, i.e. Ekaswa and Inpat.

Key Words

Intellectual property rights, Property system, IPR digital medium, Patents search, Disseminating patent information

Introduction

There already exists a clear indication that with developments such as the rapid spread of the internet the world has enterd from 'Hard' age to the 'Soft' age. With the advent of the 'electronic money' patent, IPRs are recognised as beneficial even to the finance sector.

Patent information in digital medium is normally available in CD-ROMs and internet based websites. In India, adequate patent information is not available. Generally, queries from the requesters are replied back to the requesters in conventional mode after conducting normal search. Ekaswa database of Technology Information Forecasting & Assessment Council (TIFAC), Dept. of Science and Technology, Govt. of India, is now available online for patent searching. There is no other Indian Patent website, which can provide search facility on internet.

Characteristics of IPR digital medium

Some of the characteristics of the digital media are :

  • Blurring of territorial borders

  • Replication

  • Easy transmission, compact and multiuse

  • Interactivity

  • Interoperability

Creation of better IT infrastructure and faster communication system has helped in facilitation of quality research in India. The IT has cast its impact on information centres and patent offices in the following ways :

  • Collection building

  • Method of storage

  • Processing

  • Dissemination

  • Information services

  • Information products

  • Automation strategy

  • Acquisition policy

Now IT has been identified as a key sector of Indian economy. In view of advance in IT, the patent office has been provided with the resources to develop its electronic information infrastructure.

Patents are grants of property rights by the government to an inventor, which prevent other from making, using, or selling an invention for the term of the patent.

Need of IPR information and patent search

The Patent searches are conducted for many purposes. Some of those are listed below :

  • Patent documents deal with technology. They protect the most-recent technology and help the R&D workers to avoid duplication.

  • Patent documents are uniform and give total description and background of the invention.

  • Patent documents contain information, which are not divulged in any other form of literature.

  • Patent documents often disclose not only the concepts concerning the genera utility of the invention but also give information on the possibility of its practical application in industry.

  • The browsing of the patent on a specific subject can encourage the researchers to develop new ideas and re-orient their research efforts.

  • Ascertaining past, present or future trends in an industry.

  • To determine independent inventors or companies currently or historically obtaining patents in a particular area.

  • To identify patents in a specific field for generating citation maps (a tool in determining the relative importance/ value of a specific invention).

  • Determine if an invention infringes upon the intellectual property rights of others.

  • Search for potential solutions to designs or safety problems.

  • To identify addition a reference materials (journals, books, product literature) of use to those working in an area. Patent documents often list printed reference materials.

Patent search is for patentees as well as for non patentees for various information requirements. Patent search by patentees is more than searches done by non patentees. They search for technical solutions, to check infringements, if any, to patent an invention and license them and to keep abreast with the latest.

Digital patent search versus traditional search

Advantages

The digital information is relatively less expensive than the printed version. There are many merits and demerits of patent search through digital medium but it is still better than the traditional medium in terms of many aspects, which are given below :

  • Speedy searching

  • High search quality

  • Attractive functions, such as Selective Dissemination of Information (SDI), PDF (Portable Document Format) and Document Delivery

  • Multiple searches

  • Giving user friendly interface, friendly helpdesk

  • Provide patent information directly to end user through web based technologies (mail , fax, etc.)
    Inexpensive service and cost

Disadvantages

  • Need of proper training to information professionals

  • High technical requirements (electricity, communication, net connection)

  • Hands on experience and training

Current status in global context

Every country has got a system for disseminating the patent information generated in that country.

For the commercial patent information providers, online databases seem to be the most preferred and lucrative means of disseminating patent information. However, less profit making organisation and the national libraries prefer to use CD-ROMs followed by printed products to deliver patent information to the users. Those patent information providers who mainly provide patent information in the form of online database have not always found a captive market for spin off CD-ROM products. This may be due to nonuser friendliness of the software and the other software interface problems, which need to be addressed.

In fact, printed product, spin off products of online source still have the edge over CD-ROMs. However, the patent offices and libraries find it easier, and prefer to disseminate their information using CD-ROM and printed products rather than online sources. This may be related to the type of patent data being disseminated. Patent offices and libraries mainly make available primary patent sources, i.e. the full patent specification, which is preferably stored on CD-ROMs or as hard copy. By contrast, commercial information is provided in the form of abstracts classification system; this type of information is more suitable for offline sources.

Patent information availability

Normally the information about patents is available from the following sources :

Patent websites

The following major patent websites are available for users searching the patents literature available globally.

1. MICROPAT (http://www.micropatent.com)

Micropatent is globally engaged in the production and distribution of patents and trademarks information through internet, intranet and CD-ROM database to R&D workers. It provides over 25 million fulltext patent copies from its websites with the help of a large collection from different countries.

2. WIPO (http://www.wipo.int)

The website provides access to the collection and services on IPR maintained by World International Property Organisation (WIPO) library. It also maintains a large number of journals on patents. The library provides a table of contents service through internet or journals.

3. Faxpat Optipat (http://www.optipat.com)

This website is owned by Optipat Inc., which is an information company providing internet downloadable US patents, printed documents, CD-ROM collections and a variety of other services on the intellectual property. This site allows accessing over 2 million US patents and also download image files of issued US patents. It has 24 million images from 1974 onwards.

4. Japan Patent Office homepage (http://www.jpo.go.jp/homee.html)

Japanese patent office maintains this site. Users can find information through this site about Japanese patents, guides searching Japanese patents, statistics, reports, policies, PAJ news, etc. The status about the patent granted, registered and application received is also available which can be downloaded.

5. UK Patent Office (http://www.patent.gov.uk)

This site is maintained by the UK patent office with the objective to stimulate innovation and the international competitiveness of industry through IPR. It offers bibliographic searches, patents watching, patenting status, family searching and patent ability assessment. Users can also get information about special patents projects through a sophisticated concept based search.

6. Thomson : Dialog (http://library.dialog.com/bluesheets/html/B10351.html)

Derwent World Patent Index (DWPI) produced by Thomson Derwent, provides access to information from more than 22.9 million patent documents, giving details of over 11.2 million inventions. As facts update, approximately 20,000 documents from 40 patent-issuing authorities are added to DWPI. Patents from the patent authorities over 40 countries covering all developed and prominent developing countries are covered. Patent related items from Research Disclosure and International Technology Disclosure (Leased Publication June 1994) are also included. DWPI coveres pharmaceuticals patents from 1963, agricultural patents from 1965, polymer & plastic patents from 1966, chemical patents from 1970 and patentable technologies from 1974.

7. US Patent and Trademark Office (http://www.uspto.gov)

The US Patent and Trademark Office promotes the progress of science and useful arts by securing for limited time to investors the exclusive right to their respective discoveries. It helps by disseminating both patent and trademark information. It promotes an understanding of IP protection and facilitates the developments and sharing of new technologies worldwide.

8. Canadian Intellectual Property Office (http://patents1.ic.gc.ca/content-e.html#background)

The Canadian Intellectual Property Office website is an interactive site. This site has been designed to help the users to create simple and powerful searches on Canadian patents database, contains documents from 1920 till present. The database is updated regularly. It contains images, text and bibliographical database.

From CD-ROMs

CD-Rom technology facilitates easy access and searching of a large number of documents. It is cost effective in comparison with online databases, which is very costly due to the telecommunication cost involved. In view of this, various patent information service providers have produced patent information on CD-ROM. A few examples are listed below:

1. Chemical Abstract Service (CAS ); STN :

This is published by the Chemical Abstract Service (CAS), USA. It contains information on patent documents published by CAS during the current volume period. It includes the entries for all newly abstracted patent documents on inventions, cross references to the first abstracted documents.

2. The European Patent Office (EPO)

EPO offers several patent information services including CD-ROM based products. EPO also provides countrywise patent information on CD-ROM. All these products are also available from commercial vendors like Derwent and Micropatent. The Following CD-ROM databases are available from EPO :

(a) ESPACE World : The ESPACE series of CD-ROMs provides comprehensive coverage of European, PCT and UK patent applications and granted patents.

(b) ESPACE-First : Contains the facsimiles of just the first pages of EPO and PCT documents. It is published bimonthly and covers information from 1988 onwards.

(c) ESPACE-EP : It is weekly publication of European patents. It is published in two series, viz. EP-A and EP-B. EP-A refers to patent applications and EP-B refers to the granted patents.

(d) ESPACE-Access : This is also published in two series, EP-A and EP-B. Espace-Access EP-A provides unlimited access to the complete bibliographic data of European patent applications since 1978. It is updated monthly. Espace-Access EP-B is a new index and search tool for granted European patents.

(e) ESPACE-Bulletin and ESPACE Legal : Bulletin CD contains the complete history and legal status of all European patent applications since the foundation of EPO in 1978 and legal CD is designed for patent lawyers and for searchers dealing with patent laws. Issued twice yearly, this contains all the decisions of Board of Appeal of EPO since 1978.

3. The US Patent and Trademark

CASSIS/BIB CD-ROM gives the status of utility patents withdrawn from 1969 to present and from 1977 to present for other patents. The BIB CD-ROM also indicates the expiration of utility patents for applications filed after December 12, 1980.

4. German Patent Office

DEPAROM German patent publications (documents A1, C1-C4, U1, T1 and T2-T4) brigns out approximately 140 CDs per year.

5. Korean Patent office

Industrial Property Rights Gazette in CD-ROM KIPO's publication of the earlier IPR gazettes is in the form of a book in 1948, IPR gazettes in the form of CD-ROM were published on May 1999 onwards.

6. China Patent Office

(a) Chinese Patent Specification CD-ROM : Produced in January 1994, it contains all the specifications of patented inventions and utility models since September 1985.

(b) CD-ROM of Chinese Patent Abstract : This CD-ROM collects all of the patent information since September 1985, which includes utility models, inventions and designs. Every piece of information covers bibliographic data, such as the information of the inventor, date of invention, date of publication, priority right, abstract, legal status, etc. The CD-ROM provides more than 20 search entries.

(c) Patent Gazette CD-ROM : It provides full text information in every issue, and for the first time the figures of design patent was digitised. The CD-ROM was published every three weeks since 1998, and by the end of 2001, a total of 72 disks had been issued.

(d) CD-ROM for Design : Since 1998, CD-ROM for Design Patent has been an electronic product specified for industrial design. The newly produced set of CD-ROM (100 in total) adopted electronic scanning method, representing the lines, gray charts and colour charts of all the industrial designs since 1985.

7. Hungary Patent Office

Hunpatka Patent CD-ROM is brought by the Hungary Patent Office.

8. Canadian Intellectual Property Office (CIPO)

The CD-ROMs are produced weekly using the MIMOSA CD-ROM software under two new titles :

(a) Canadian Laid-open Applications (2 CD-ROMs/week) and

(b) Canadian Granted Patents (1 CD-ROM/week).

9. Japanese Patent Office

PAJ (Patent Abstract of Japan) CD-ROM : One can search this CD online from website http://www1.ipdl.jpo.go.jp/PA1/cgi-bin/PA1INIT, contants data from 1976.

10. The Trilateral Offices

GLOBALPat CD-ROM : The FPDB-CD is an English language collection representing nearly all of the world's patent literature. Documents are presented as bibliographic text, including title and abstract, where appropriate, the image of a representative drawing. The Trilateral Offices, the US Patent and Trademark Office, the European Patent Office and the Japanese Patent Office; jointly financed the preparation of the database and the translation of all non-English abstracts.

Patent information scenario in India

Most of the Indian Patent administration agencies provide patent search, through CD-ROMs. Only two agencies, namely TIFAC and NIC provide online search besides CD-ROMs. The details are given below :

1. Patent Office of India

(a) Gazette of India : Gazette of India is a primary source of information on patent, which is published through patent office.

(b) Issuance of CD-ROM database : The basic information given includes the title, inventor, name of the assignees, patent number, the main claims and a few relevant diagrams. It is possible to obtain a copy of the complete specification and the provisional specification from the patent office by paying a prescribed fee.

(c) Accumulation of patent information

(i) Incomprehensive document database system, gazette, etc., are converted into digital files and can be referred online and in real time from terminals.

(ii) The reference service started for external users, in 1963 at the Patent Offices in New Delhi, Mumbai, Chennai and Kolkata. Nationa Patent Information Centre, Nagpur also offers patent information services. That epart, the Patent Office has also authorised some organisations like NPL, HBTI, etc.

2. Technology Information Forcasting and Assessment Council (TIFAC)

An autonomous organisation under the Department of Science & Technology, Government of India, is working in the field of technology information and forecasting. Patent Facilitating Centre (PFC), TIFAC is providing IPR information to the information seekers through following :

  • Patent search facilities for Indian, US and European patents (CD-Rom, online and print)

  • Database on Indian patent applications filed and applications accepted, which are open for opposition.

  • These are now available on CDs (Ekaswa A and Ekaswa B).

  • First ever video and CD-ROM on patent awareness titled 'Patents Made Easy'.

  • Mechanism for obtaining full text patent documents and patent searching elsewhere.

  • Intellectual Property Rights (IPR) Bulletin.

The TIFAC undertakes publication of following CD-Roms :

(a) EKASWA-A Database : Patent applications filed in India as published in the Gazette of India (Part III, Section 2) from January 1995 onwards.

(b) EKASWA-B Database : Patent applications notified for opposition in the Gazette of India (Part III, Section 2) published from January 1995 onwards.

Both the databases are available online http://www.tifac.org.in/ The databases are quite user friendly and equipped with latest search tools and logical operations. The CD-ROMs can be run on the Windows 95 and advanced versions.

TIFAC also provides additional IPR information through their websites http://www.tifac.org.in and http://www.indian patents.org/index.htm with the following contexts :

3. National Research Development Corporation (NRDC)

NRDC has brought out a CD-ROM titled ‘IPR: Key to New Wealth’. This interactive CD has hours of rich media video, audio, graphics, animation and over ten thousand pages of technical information containing complete IPR related FAQs, Acts, treaties, statistics, case studies, etc. This is basically an IPR awareness CD-ROM.

4. Council of Scientific and Industrial Research (CSIR)

CSIR is India's largest research and development organisation. The CSIR laboratories have developed over 4000 technologies. The CSIR is providing the patent facility from Intellectual Property Management Division (IPMD).

Indian patent database (INPAT) a database CD on Indian patents contains nearly 50,000 records on the patents granted in India from 1972 to December 1997. The patents can be searched by the parameters like inventor, applicant, keywords, subject, country, patent number, etc.

5. National Informatics Centre (NIC)

Patent and Know-how Information Division, NIC, provides online search to one of the most comprehensive and largest database on the patent bibliography. This database is known as EPIDOS (European Patent Information and Document Service). European Patent Office (EPO) publishes this database. EPO has been receiving the bibliography of all the patents filed and granted in approximately 68 countries since 1968. It contains approximately 40 millions references from 1968 to 2001. Almost 3 millions references are added each year.

Online patent service of NIC provides free access to INPADOC-EPIDOS database to the registered users. Registration is open to all and is free of cost. Off-line services at NIC Patent Division include bibliographic search, searches on Abstracts and full Patents.

6. Traditional Knowledge Digital Library (TKDL)

Traditional Knowledge Digital Library (TKDL), a collaborative effort between NISCAIR, CSIR and Indian System of Medicine and Homoeopathy (ISM&H), Ministry of Health and Family Welfare, was launched on March 27, 2002. TKDL is a storehouse of current traditional knowledge about plants and the ways and means to treat diseases with traditional medicine. The first phase of the project covers Ayurveda and will eventually encompass Unani, Siddha, Naturopathy, Homeopathy and also folklore.

The information from the Sanskrit verses (Slokas, which will be translated in various languages) is codified according to International Patent Classification (IPC), the unicode (a single code for all languages) are then converted into a database in different languages. The WIPO has adopted the TKDL database for all future prototyping, testing, dissemination, documentation and transmission of TK details.

Although, there are a number of challenges of the digital communication, Indian IT laws does not contain provisions to face the challenges posed by the net. Though India has signed the WCT and the WPPT treaties adopted by WIPO, they have not been ratified so far.

It is heartening to note that WIPO has taken the initiative under PCT agreement to create the IPR digital library of Indian patents. The paper has described in detail various Indian Patent CD-ROMs, with their characteristic features.The IPR awareness is fast creeping into the Indian society. India could only achieve competitiveness at the global level in the area of IPR by undertaking necessary initiatives both at government and private levels.

References

  1. Bhattacharya P, Digital Information Services: Challenges and opportunities, Paper presented in the NIFM-MANLIBNET 4th Annual National Convention on Paradigm of Information Technology : Application to Business and Management Libraries, National Institute of Financial Management, Faridabad, 3-5th April, 2002.

  2. Eisenshitz T and Turner P, Rights and responsibilities in the digital age : Problems with strong copyright in an information society, Journal of Information Science, 23(3), 209-223, 1997.

  3. Ganguli P, Intellectual Property Rights : Unleashing The Knowledge Economy, Tata McGraw-Hill, New Delhi, pp 506, 2001.

  4. Gopinath K and Ravishanker M K, Intellectual Property Rights in the computer software : Issues at stake for developing countries, Information Technology for Development, 7(4), 1996.

  5. Gupta V K, Intellectual property rights in commercialisation of R&D and transfer of technology, Journal of Intellectual Property Rights, (2), pp 181-190, July 1997,

  6. Chakravarti A K, Krishnan A S A and Vasanta B, Patent Information and Electronics, Electronics Information & Planning (EIP), August 1995.

  7. Siddiquee Q, An evaluation of internet as resource for information on patent and intellectual property rights (IPRs), Dissertation submitted to INSDOC for the Award of AIS INSDOC (CSIR), New Delhi, 2001.

  8. Tripathi R C, Grove S S and Chakravarti A K, Computer software and IPR : Present status in India and future directions, Electronics Information and Planning, New Delhi, 1998.

  9. Websites:
    (a) CSIR (The Council of Scientific and Industrial Research) : http:/www.csir.res.in
    (b) Broward County : http://www.co.broward.fl.us/lii12535.htm
    (c) INSDOC (Indian National Scientific Doumentation Centre) : www.insdoc.org
    (d) NIC (National Informatics Centre) : http://patinfo.nic.in
    (e) CGPDTM (Controller General of Patents, Designs and Trade Marks) : http://www.patentoffice.nic.in/
    (f) NRDC (National Research Development Corporation) : http:/www.nrdcindia.com
    (g) Rossco's WWW Corner : http://www.tip.net.au/~rossco/psearch.htm
    (h) TKDL (Traditional Knowledge Digital Library) http://www.wipo.org/globalissues/databases/tkportal/presentations/indiatkdl.pdf

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