334 results found
- Patent Invalidity Search: New Approaches to Prior Art Search
What is Patent Invalidity Search? A patent invalidity search is a process to invalidate a patent. The patent invalidity search is performed to find the relevant published literature (including patents, technical papers, products, manuals, and even university theses), videos, and/or products available before the priority/filing date of a patent. 1. For new inventions, a prior art search helps you determine how likely is it that your invention (or portions thereof) will receive a patent. 2. For existing patents, a prior art search helps you challenge their validity (for example, through an Inter Partes Review at the Patent Trial and Appellate Board). 3. For patent licensing, a prior art search is performed to extract high-value patents in a patent portfolio and explore licensing opportunities. (Patent portfolio mining) Introduction As per the statistics from 2015, almost 90% of petitions instituted at the PTAB result in at least one claim being invalidated – while 20% of the petitions result in a full invalidation of all asserted claims. 80% of PTAB petitions that are fully instituted result in successful patent invalidity – and the rate drops to almost 50% for partially instituted petitions. This statistic highlights an important point – a deep and diligent patent invalidity effort at the institution stage greatly increases the success rate for the petitioners. Even outside the realms of the PTAB, patent invalidity through §102 and §103 prior art issues remains the most popular and successful strategy for defense. Finding and analyzing the right prior art at the early stage can be difficult, of course – though a number of consulting outfits are available as an inexpensive resource for lowering the costs of the search. Streamlined processes and economies of scale and geography generally allow such firms to reduce the cost of prior art searches by over 40-60% (compared to using law firm resources) – and bring down the total cost to $1000-$4000 range per patent. However, no matter the price, quality and thoroughness by such outsourcing vendors remains circumspect. Generally, most vendors employ one or more of the leading patent databases (such as Thomson Innovation and Innography) and a few non-patent literature databases such as ACM and Citeseer. These databases provide good coverage on potential sources of prior art – yet, gaps remain that limit their success rate, especially in complex technology areas such as pharmaceuticals, semiconductors and material sciences. In a quest to provide maximum value to clients at minimal cost, most prior art search providers rely almost exclusively on a keyword-based approach, and do little else if they do not find good prior art from that approach. In this paper we explore several additional strategies that can help attorneys delve deeper to find the right prior art. New Approaches to Find the Right Prior Art 1. Citation Traversal Analyzing backward citations of the asserted patent is important – yet seldom useful for the purposes of patent invalidity. By their own virtue, the backward citations have typically already been considered by the inventors and the examiner during file action. However, backward citations as well as forward citations can reveal other prior art on a deeper second-level analysis: Backward Citations of Backward Citations Other Forward Citations of Backward Citations Other Backward Citations of Forward Citations Similarly, the search can be expanded further to a third level as well using the same approach – where keywords have failed to deliver the right prior art. 2. Inventor Traversal Seemingly a logical step in the prior art search project, an inventor-based search is often overlooked by attorneys and engineers engaged on a prior art search. The inventors named on the asserted patent are more likely, even individually, than others to have disclosed prior art in the years preceding the asserted patents. Therefore, searchers should pay special attention to the corpus of literature attributable to each of the named inventors. Further, inventor-based analysis should ideally be combined with the citation traversal – where other work attributable to the inventors named on backward citations and forward citations, as well as on second level citations enumerated above, should be considered in particular. 3. Patent Class Traversal Most prior art searches begin with a keyword search – where the keywords are iteratively refined in order to arrive at a manageable set of 20-50 top results that the searchers then review manually in order to ascertain the true relevance to the asserted claims. To reach this manageable set, searchers would sometimes act conservatively and eliminate some of the synonyms or prerequisite keywords to filter out unlikely candidates. Unfortunately this conservative approach still results in a number of false positives in that final set of 20-50 results – requiring additional iterations (and effort). Identifying key patent classes (preferably, IPC classifications due to their global applicability) and limiting patent search to those classes increases the odds of finding the best prior art within that final set. Identifying the key classes can however be tricky – requiring diligence than simply using the IPC classes listed on the asserted patent. The following approaches at least are recommended: IPC classes of backward and forward citations IPC classes of second-level citations IPC classes of other patents by the same inventors 4. Japanese/Korean/Chinese Translations While most patent databases including Thomson Innovation, Delphion and Innography include patents from Japan, Korea and China – they either contain only English-language abstracts or at their very best machine translated versions of the patents. These jurisdictions are a treasure trove of prior art in the high-tech space. Japanese patents for example far exceed the total number of patents filed with the USPTO – with an overwhelming majority of them filed by residents. Yet, traditional approaches to prior art search usually deliver an underwhelming number of Japanese results – which means that traditional prior art search methods do not adequately search within these jurisdictions – presumably suffering from limitations inherent to machine translation. If the particular technology area you are searching is known to have a lot of innovation from one of these countries – for example, consumer electronics and semiconductors – a native-language search is highly recommended. Machine translations are often adequate for a general understanding of the invention – but only a native speaker would be able to search patents with due consideration to dialects, local terms and conventions – as well as analyze intricacies within the results in deeper detail. 5. Historical Search Technology moves at an alarmingly fast rate today – and innovative companies, especially small and medium enterprises, go out of business or get assimilated into larger entities all the time. When that happens, it is not uncommon that public information, marketing material and product documentation is taken offline. Unless their technology was widely popular or were widely patented, documentation on it can vanish from the public eye entirely. Fortunately however, Internet has a time machine –Archive.org. Archive.org periodically crawls the Internet and captures snapshots of websites – such that even if a website is subsequently taken down, a user can later view the website content as it existed at the time of crawling. For most website, Archive.org stores dozens of dated copies. Archive.org is however, not a search engine – and does not allow users to search for website content a la Google. However, an expert with some experience in the related technology from the time of the asserted patent should be able to guide the searchers to look for specific companies that may have marketed prior art products at the time. Archive.org then serves as a useful resource for exploring documentation on those discontinued prior art products. Conclusion Prior art search is often an open ended endeavor with an unpredictable success rate. It can take anywhere from 1 hour to 100 hours to find adequate references – but using creative approaches including the ones listed herein, beyond keyword-based searches, can help increase the success rate notably. #patents
- Patent Monetization: Leveraging Technology For A Greater ROI
What is a Patent? A patent is a form of intellectual property that allows its owner the right to exclude others from making, using, selling, and importing an invention for a limited period of time, usually 20 years. What is Patent Monetization? Patent monetization refers to a process to identify the monetary opportunities out of intangible assets; such as patents. Patent monetization is a technique to monetize your patent using different ways such as direct selling, patent licensing and/or patent litigation. In simple terms, patent monetization is a way to make money from patents. This article explains different patent monetization techniques and mistakes while conducting patent monetization techniques. What is the Need for Patent Monetization? Traditionally business houses across the world invested huge funds to generate intellectual property through R&D activities. The major motivation for these intellectual property rights was to leverage the first mover advantage and to keep the competition at bay. However, with changing business landscape these incentives may no longer be sufficient to justify the R&D cost. Companies, across the world, have started considering their R&D centres as profit centres rather than cost centre. In light of this, society coupled with the financial industry empowered with the evolving legal regime and the IPR regime, has come up with various IP monetization mechanisms, which help IP owners augment their revenues and thereby recover their R&D investment. For example, Texas instruments is believed to be the first company to monetize in the 1990s its portfolio of patents (more than 38,000 in total), when the company was losing its market share to its competitors. After Texas instruments, it was IBM to use the same technique in the 1990s to monetize its own patents to make more than 1 billion dollars annually in revenue. Microsoft uses its patents to make deals with the major android vendors, which amount to more than 70% of android’s market share. Parameters to Evaluate the Quality of a Patent [1]. Legal strength: The legal strength of the patent depends on its degree of novelty. A well-structured patent with short but clearly expressed claims makes it easier to win lawsuits, or challenge third party patents during cases of infringement. [2]. Technology strength: Once you have analyzed the market for the patented technology, you can easily rank where your patent stands among competitors. [3]. Commercial value: There are statistical models available to help calculate the projected size and economic value of the market that is protected by the patent. It will help you determine the product’s potential market share. The economic right embodied in a patent is granted in 35 U.S.C. § 154—namely, “the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States.” A patent holder has full right to generate some revenue from his asset by either discovering the damages or licensing the available products. It is not possible for a Patent holder to complete all the steps required for patent monetization alone. A certified lawyer or a technical expert is required for the process to run its course smoothly. Patent Monetization Techniques As profound a process patent monetization is, it is evident that it will require a considerable amount of patience and monetary investment. Direct Sell of a Patent Direct selling requires the patent holder to directly reach out to potential buyers without the involvement of patent brokers. Once the patent is sold, all the patent rights will get transferred to the new patent holder. Broker A broker is a middleman who markets the invention by bridging the gap between the buyer and the seller. Brokers use a patent brokerage business model. This model requires them to make cold calls, represent portfolios, keep a tracker for potential buyers and licensees, and contact them, popularly via emails and telephone. Patent Licensing A license is an agreement between two parties that allows the patent owner to transfer interest in a patent to a licensee, who can benefit from and enforce the intellectual property rights. The licensor gives up the right to intellectual property, usually for a certain period. During this time, the licensee can make or sell the invention or design. Therefore, while a patent is a right, a license is permission from the right’s owner. Types of Patent Licensing · Soft licensing: Soft licensing refers to an agreement signed between a patent owner and a licensee which allows the patent owner to transfer interest in a patent to the licensee for a limited period of time, which he can use to attain profits for the given period. · Exclusive license: The license holder has the right to exclude all others (even the previous license holder of the patent) from practising the method or patented functionality commercially. The license holder has the right to sue for infringement and the right to license. So basically the new licence holder gains exclusivity over all the rights. · Non-Exclusive License: License holder has the right to grant as many licenses to multiple licensees. · Carrot license: Carrot license is mostly used in marketing and sales and requires a friendly approach to convince the target into buying the licence. · Stick license: A stick patent licensing approach is used when the prospective licensee is already using your patent technology, but illegally. The intention here is to notify the infringer to stop using the technology, non-compliance to which, a lawsuit may follow. Patent Litigation Litigation is a method to settle the controversy between two parties i.e. Plaintiff and Defendant when brought before a court. The parties generally would try to settle the dispute in-house, without having to take the matter to the court. Litigation includes any number of activities before, during, and after a lawsuit to enforce a legal right. In addition to the actual lawsuit, pre-suit negotiations, arbitrations, facilitations and appeals may also be part of the litigation process. Patent Litigation Process · Get advice from lawyers and technical experts. · Send the notice to the infringer or the company that manufactures or offers the product for sale. · If the infringer agrees to take the license then negotiate the damages, otherwise, file a case against the infringer. The infringer can also file a complaint for declaratory judgement against the plaintiff. · Trials occur in court with both technical and factual knowledge of patents and infringement. · If the jury doesn’t decide the award for damages, the court will. The court can bring in experts to help decide on the damages. There are two ways for the court to decide how much the infringer owes in damages 1. Reasonable royalty is the lowest award a plaintiff can get. If plaintiffs can’t prove lost profits, they try for reasonable royalty. 2. Lost profits damages are the preferred option because they usually offer a larger reward than reasonable royalty. To win lost profits, the plaintiff has to prove he lost money because of patent infringement. Determining Damages During Patent Litigation If the jury is not able to decide the award for the damages for the infringement, the court can bring in experts to do it. There are two basic ways the court can decide the award of a reasonable royalty and lost profits. Reasonable royalty Courts will usually use the 15 Georgia-Pacific factors to decide a reasonable royalty: 1. Royalties patentee receives for licensing the patent in suit. 2. Rates licensee pays for use of other comparable to the patent in suit. 3. Nature and scope of license in terms of exclusivity and territory/customer restrictions. 4. Licensor’s established policy and marketing program to maintain patent monopoly by not licensing others to use the invention. 5. Commercial relationship between licensor and prospected licensee, such as whether they are competitors or inventor and promoter. 6. Effect of selling the patented specialty in promoting sales of other products of the licensee; the existing value of the invention to the licensor as a generator of sales of his non-patented items; and the extent of such derivative or convoyed sales. 7. Duration of patent and term of license. 8. Established profitability of the products made under the patent, its commercial success and its current popularity. 9. Utility and advantages of patent property over old modes and devices. 10. The nature of the patented invention; the character of the commercial embodiment of it as owned and produced by the licensor; and the benefit of those who have used the invention. 11. The extent to which the infringer has made use of the invention and the value of such use. 12. The portion of profit or selling price customarily allowed for the use of the invention. 13. The portion of realizable profit attributable to the invention as distinguished from non- patented elements, significant features / improvements added by the infringer, the manufacturing process or business risks. 14. Opinion testimony of qualified experts. 15. The amount the plaintiff and defendant might have agreed upon before the infringement Lost profits Lost profits are the amount of money the patent owner lost due to infringement. It is an obligation for the patent owner to prove that it was the infringement that caused the damages, otherwise, he is only entitled to reasonable royalty damages. 1. Lost sales: This is the most common type of lost profit damages. It shows that the plaintiff didn’t make as much money because of patent infringement. 2. Future lost profits: These losses, sometimes also called projected lost profits, are those that the plaintiff thinks will happen because of the infringement. Since future lost profits are usually a guess, they’re very hard to prove. 3. Unpatented items: Plaintiffs can seek lost profits damages on unpatented items if the product has multiple functions, yet the patent only covers one feature. 4. Damage to reputation: If the plaintiff can prove that the defendant’s product is of low quality and thus causes harm to the plaintiff’s product, he can seek damages. Patent Monetization Mistakes ● Not evaluating your intellectual property accurately: Before you think of monetizing your patent, it is important to understand how the market directly affects the worth of your patent, and the related industries. How the underlying technology of your patent could be of value to goods and services in the market is something you need to work on extensively. You need to figure out whether the claimed features of your patent could actually generate revenue, or is it just a minor function that can be easily designed and would not create much of an impact. Next, you need to understand whether or not your patent qualifies for a transformative invention or if it’s just an incremental one. You would also want to examine the state of the art at the time of invention to determine where your patent stands among contemporary patents. ● Not having the right patent monetization strategy: Once you’re done with the patent valuation part, the next step requires you to extract value from your patent and generate revenue. There are mainly three aspects to patent monetization Patent licensing - Patent licensing includes a revocable agreement between a patent owner and a licensee. The patent owner transfers interest in a patent to a licensee, who may benefit from, and enforce the intellectual property rights. Patent litigation - Patent litigation is the legal process that takes place when someone who owns a patent, enforces his right by suing another for selling or manufacturing the invention without permission. Patent acquisitions - Companies are always looking to expand, and get ahead of their competitors in the industry. A clever approach to do this would be to acquire strategic patents ahead of time, before they could threaten a new product launch, or could prove to be a bargaining chip against a competitor during litigation. These options are actually far more intricate and abstruse than they seem. There is always a possibility of license negotiations breaking down, or multiyear lawsuits ending in settlement of non-exclusive license and a hefty royalty. ● Incomplete analysis of the market and industry: Market based analysis takes into consideration similar market transactions of comparable patents. This process also takes into consideration the utility and technological specs, along with the market value of the patent. It’s also important to keep a lookout for various other industries where your patented technology may be in use, but with a little crossover. ● Not choosing the right targets for patent monetization: Identifying the right companies for patent monetization can be complex and time consuming. Some Patent monetization strategies start with citation analysis to discover what companies own patents and patent applications that cite your patent. This may not always be the best approach to meet your specific monetization needs. Reliance on citation may be misleading because the citations refer to a patent’s specification and not necessarily the claimed subject matter. Unfortunately there is no such formula to produce target lists without human intervention. An in depth understanding of the subject matter claimed in your patent is important in order to choose the right targets to approach for patent licensing or filing potential lawsuits. ● Not having an experienced IP consulting firm to assort all this together: Patent monetization is a complex domain to explore on your own. You need to be an expert in the areas concerning your patented technology, and also be proficient enough to handle the legal implications that come with it. Most times, it’s not possible for a single person to get through this tangled world of patent codes, laws, and worldwide data bases. You need an experienced firm at your disposal to help you glide through the process. Conducting a successful patent monetization process requires proper knowledge and experience in the area of intellectual property. To move forward in a strategic and meaningful way, you require a framework that consists of detailed information about the companies and patents being offered on the market. Making critical mistakes in patent monetization could end up costing your business a lot of time and money. References [1]. https://www.mclegal.co.uk/exclusive-sole-licenses-what-are-the-differences/ [2]. https://unitedkingdom.taylorwessing.com/synapse/commerical_exclusive_nonexclusive.html [3]. http://inventors.generalpatent.com/inventor-resources/patent-licensing [4]. https://ip.com/blog/assessing-quality-patents-3-key-metrics/ [5]. https://law.freeadvice.com/litigation/litigation/litigation.htm [6]. https://www.techpats.com/5-patent-monetization-mistakes-that-could-cost-you-a-fortune/ [7]. https://sunsteinlaw.com/media/Georgia-Pacific.pdf [8]. https://www.upcounsel.com/patent-infringement-damages [9]. https://en.wikipedia.org/wiki/Patent_monetization #patents #licensing #litigation #monetization
- Overcoming Prior Art Under U.S.C. §103 (Non-Obviousness)
35 USC §103 describes the condition of patentability referred to as non-obviousness. It reads as follows: ‘’A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.’’ When a patent examiner is unable to find a single prior art reference that shows all elements of a particular claim, then the examiner will not reject your claim as lacking novelty under Section 102. The examiner may combine multiple prior art references to arrive at the claimed invention. The examiner will then reject the claimed invention under 35 USC §103 stating that the invention is obvious over the cited prior art. In other words, it is obvious to someone of ordinary skill in the art of invention to take the prior art invention of the primary reference and modify it with the teaching of the secondary reference to arrive at the claimed invention. Such a combination does not qualify for a patent in the eyes of the law. How Does 35 USC §103 Work? Exemplary Claim: A patterned synthetic sponge, which comprises: a synthetic sponge formed from an open cell, elastomeric material and bearing a pattern having ragged, torn edges, being at least about 0.5" in depth, said patterned synthetic sponge simulating a natural sea sponge when creating faux paint finishes. Prior Art: An “Australian Application” discloses an artificial sponge of cellular structure for providing pattern effects on fresh paint any desired pattern character may be formed on the face of a sponge by removing portions of the face through cutting the patterned face may be a shape complementary to the pattern of floral or any other desired pattern. The Australian Application fails to teach the pattern having ragged, torn edges and the particular claimed pattern depth (0.5”). Statements of Obviousness: Examiner rejected the claim under 35 U.S.C. 103 over the “Australian Application” with the following: • One of ordinary skill in the art would have understood how to modify the pattern depth to achieve the desired pattern character. • One of ordinary skill in the art would have recognized that Australian application depicts a non-linear pattern and that the cutting of a sponge would produce a "torn" or "ragged" edge. History of 35 USC §103 The history of 35 USC §103 goes back to the Graham v. John Deere Co. - 383 U.S. 1, 86 S. Ct. 684 (1966) Case in which the United States Supreme Court clarified the non-obviousness requirement in the United States patent law. John Deere (Defendant) defended an infringement action on grounds of obviousness. Graham (Plaintiff) filed suit against Defendant, claiming patent infringement on a device that consisted of old mechanical elements that absorbed shock from plough shanks as they ploughed through rocky soil. In a prior case, The Fifth Circuit held that a patent was valid, ruling that a combination was eligible for a patent when it produced an “old result in a cheaper and otherwise more advantageous way.” The Eighth Circuit said the patent was invalid in the present case, as there was no new result or combination. Plaintiff petitioned for certiorari, and the Supreme Court granted the request in order to resolve the conflict. Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966) states the framework for the objective analysis for determining obviousness under 35 U.S.C. 103. Obviousness is a question of law based on underlying factual inquiries. The factual inquiries enunciated by the Court are as follows: • Determining the scope and content of the prior art; • Ascertaining the differences between the claimed invention and the prior art • Resolving the level of ordinary skill in the pertinent art. Determining the Scope and Content of the Prior Art In determining the scope and content of the prior art, one must first obtain a thorough understanding of the invention disclosed and claimed in the application under examination by reading the specification, including the claims, to understand what the applicant has invented. The scope of the claimed invention must be clearly determined by giving the claims the “broadest reasonable interpretation consistent with the specification. Once the scope of the claimed invention is determined, one must then determine what to search for and where to search. 1. What to Search for? The search should cover the claimed subject matter and should also cover the disclosed features which might reasonably be expected to be claimed. Although a rejection need not be based on a teaching or suggestion to combine, a preferred search will be directed to finding references that provide such teaching or suggestion if they exist. 2. Where to Search? For the purposes of 35 U.S.C. 103, prior art can be either in the field of applicant’s endeavour or be reasonably pertinent to the particular problem with which the applicant was concerned. When a work is available in one field of endeavour, design incentives and other market forces can prompt variations of it either in the same field or a different one, or solves a problem which is different from that which the applicant was trying to solve, may also be considered for the purposes of 35 U.S.C. 103. It is not necessary in order to establish a prima facie case of obviousness that both a structural similarity between a claimed invention and prior art be shown and that there be a suggestion in or expectation from the prior art that the claimed invention will have the same or a similar utility as one newly discovered by applicant. Prior Art Search One must articulate the following while doing a prior art search for the claimed invention under 35 USC §103: Combining prior art elements according to known methods to yield predictable results. Simple substitution of one known equivalent element for another to obtain predictable results. Use of known techniques to improve similar devices (methods, or products) in the same way. Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results. Known work in one field of endeavour may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces, if the variations had been predictable to one of ordinary skill in the art. If there was some teaching, suggestion, or motivation, either in the references themselves or in the knowledge generally available to one of ordinary skill in the art, to modify the reference or to combine reference teachings. How to overcome 35 USC §103 obviousness rejection? Here are some of the common ways to counter the 35 USC §103 obviousness rejection. • Amending claims: If the combination of prior art really does show all the elements of a particular claim, you can amend the claim to clarify a feature or to add an element. In conjunction with the claim amendment, you can argue that the combined prior art references fail to show the new claimed combination. • Teaching Away: Another way of arguing against a §103 rejection is to analyse the prior art references closely and find if the prior art teaches away from the combination. For example, if the primary reference explicitly states that certain features should be avoided, there would be no motivation to combine the primary reference with a secondary reference disclosing the very feature to be avoided. • Claimed Invention as a Whole: In determining the differences between the prior art and the claims, the question under 35 U.S.C. 103 is not whether the differences themselves would have been obvious, but whether the claimed invention as a whole would have been obvious. In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) (Claims were directed to a three-step process for preparing sweetened foods and drinks. The first two steps were directed to a process of producing high purity maltose (the sweetener), and the third was directed to adding the maltose to foods and drinks. The parties agreed that the first two steps were unobvious but formed a known product and the third step was obvious. The Solicitor argued the preamble was directed to a process for preparing foods and drinks sweetened mildly and thus the specific method of making the high purity maltose (the first two steps in the claimed process) should not be given weight, analogizing with product-by-process claims. The court held “due to the admitted non-obviousness of the first two steps of the claimed combination of steps, the subject matter as a whole would not have been obvious to one of ordinary skill in the art at the time the invention was made. • All Element/Limitation Test: All the claim limitations must be considered when assessing patentability. If a claim limitation is not met by the prior art reference or other appropriate evidence, a rejection is inappropriate. Also, it is mandatory to consider an invention's functions in determining the meaning of particular claim language. • Number of Finite Solutions: Show that there is no finite number of predictable solutions with anticipated success. Show how many choices the inventor had to make and how uncertain the outcomes of each choice were. • Commercial Success: Proving commercial success for the product with registered increase in sales can help you to prove non-obviousness. Say, if you are in the wine industry, and you come up with a procedure to make the wine sweeter, and, as a result, you received more clients; if the procedure were truly obvious, it would have been done to death already and you would not have achieved commercial success due to it. #patents
- Difference Between Continuation and Continuation-In-Part (CIP) Patent Application
The U.S. law allows inventors to file different types of patent applications to cover new improvements or different aspects of their inventions. These types of patent applications include continuation, divisional, continuation in part, and reissue. Continuation and continuation-in-part patent applications are generally available in the U.S. only, hence we will discuss these two types of patent applications in more detail. Continuation Patent Application An inventor may file a continuation patent application when a patent examiner has allowed some claims but rejected others in a patent application, or when the inventor feels that they have not exhausted all the useful ways of claiming different embodiments of the invention during patent prosecution and want to make changes after the initial filing or to establish a right for further examination by the U.S. Patent and Trademark Office. The continuation patent application is a second patent application for the same invention claimed in the prior nonprovisional patent application which allows the inventor to make those required changes in different aspects of the original (or "parent") application. By submitting a continuation patent application, before the original prior patent application becomes abandoned or patented, it claims the benefit of the parent, as well as its filing date under 35 U.S.C. 120 or 365(c). The continuation patent application is filed under 37 CFR 1.53(b) (or 1.53(d) if the patent application is a design application). The name of at least one inventor named in the prior nonprovisional patent application must be included by the inventor in the continuation patent application. Also, the same disclosure must be presented in the continuation as that of the original patent application i.e., the continuation should not be including anything which would constitute a new matter if inserted in the original patent application. As mentioned earlier, a continuation patent application allows an inventor to make modifications in the prior nonprovisional patent application as long as the patent application hasn’t been approved or abandoned. The Manual of Patent Examining Procedure (MPEP) explains that “at any time before the patenting or abandonment of or termination of proceedings on his or her earlier nonprovisional application, an inventor may have recourse to filing a continuation to introduce into the application a new set of claims and to establish a right to further examination by the primary examiner.” With a continuation patent application, an inventor gets several strategic benefits that increase the scope of his patent application without the need to file an entirely new patent application and thereby losing the original filing date. Also, from the perspective of the Patent Office, if the same examiner examines the continuation patent application, the examination can begin with the knowledge of the previous prosecution. Thus, the examiner is able to examine the patent application more efficiently and can result in a higher quality first action and shorter overall prosecution of subsequent continuation patent applications. Benefits of Filing a Continuation Patent Application 1. Broader Claims: Sometimes, examiners allow patent applications with claims providing only “narrow” coverage. For example, an investor choosing to establish an immediate defense often expedites claims to a specific embodiment of an invention or accepts examiner’s offer to allow a subset of the pending claims. In such circumstances, a continuation patent application is useful for pursuing “broader” protection and covering alternative embodiments of the invention. 2. Claim Minor Variations: Due to various reasons, the inventor may take the benefit of maintaining the pendency of the subject matter disclosed in the patent application that allows the patent owner to craft new claims for the same disclosure at a later date. For example, separating the claims by market so that one set of claims may be licensed only into one market and another set of claims may be licensed only into another market, or separating claims into standards-essential and not standard-essential, or into functional claims and ornamental claims; and so on. 3. Evolving Technology: In a world of continually evolving technology, a pending continuation patent application can provide wheels for drafting claims covering future advances, and can be offensively used to cover a competitor’s product, as long as supporting matter is present in the original parent patent application. 4. Law in Flux: Similar to technological advancements, the law is also in a constant state of change. The Supreme Court’s decisions in Myriad and Alice limiting what is eligible for patent protection, have led to legal developments that fundamentally altered the patent environment. Continuation patent applications are useful for addressing legal developments, for example through new claims that workaround, or exploit, the changes. 5. Litigation: For patentees engaged in, contemplating, or expecting litigation, continuation patent applications allow reacting to the lawsuit’s outcome – like drafting new claims to avoid newly discovered prior art. 6. Creating Uncertainty: In addition to building defensive and offensive positions, uncertainty around the final scope of a patent can be created with continuation patent applications (usually with broad claims) for patent protection and to provide a deterrent to competitors. 7. Maximize Value: A patent to be sold or licensed in the future can be maximized of its value by maintaining a continuation patent application, allowing the purchaser or licensee to use the continuation to pursue their objectives. 8. Defer Decisions or Costs : Continuation patent applications come in handy when it is necessary to defer a decision or cost. They can be used to delay prosecution, for example, the examination timeline can be restarted by abandoning a patent application in favor of a continuation patent application with the same or similar claims. Drawbacks of Filing a Continuation Patent Application 1. Increased Cost: The cost is increased by pursuing multiple continuing patent applications. Each application and the patent, in the family, requires separate filing, issuance, and maintenance fees that increase the USPTO fees, in addition to that increased patent agent or attorney fees are also applicable. Such costs may restrict the small companies and independent inventors to file continuing patent applications and restrict new commercial ventures. 2. Increased Time : A patent application in the U.S. may take a minimum of 2 years to be granted. When multiple continuation patent applications are filed, the time taken for the prosecution and granting of these patent applications may require several years. 3. Less Remaining Patent Term : Patent terms are measured as 20 years from the earliest filing date. The filing of a continuation patent application instead of a separate independent patent application results into the term of any utility patent maturing from the continuation patent application is calculated from the filing date of the parent application and not from the filing date of your child continuation patent application. Thus, when the parent application expires, any continuation patent applications claiming its priority date will also expire. If the time taken for the prosecution and granting of the continuation patent application is taken into account, the continuation patent application may have a lesser active time. 4. No New Matter Can Be Added To The Disclosure: The continuation patent application inherits the parent application’s priority date but it also inherits its specification limited to the parent application’s disclosure. The claims added by the continuation patent application are restricted to the parent application’s disclosure, the new matter related to any recent developments that occurred since the original patent filing cannot be incorporated in a continuation patent application. Continuation-In-Part (CIP) Patent Application Where a continuation does not allow the addition of new matter to the specifications, a Continuation-In-Part (CIP) gives the inventors the ability to do so. CIP can be another patent application filed during the lifetime of an earlier nonprovisional patent application. A substantial portion or all of the earlier nonprovisional patent application is repeated and adding matter not disclosed in the said earlier nonprovisional patent application is allowed so that the inventors are able to include "enhancements" to the original design that were developed after the parent application was filed. The new material added is only to describe/depict the improvements. The majority of the specifications will remain the same as the invention in the CIP is mostly the same as the invention in the parent application. The continuation-in-part patent application may only be filed under 37 CFR 1.53(b). The continuation-in-part patent application must also claim the benefit of the prior nonprovisional patent application under 35 U.S.C. 120 or 365(c). Note that The Manual of Patent Examining Procedure (MPEP) explains that, “ an application claiming the benefit of a provisional application under 35 U.S.C. 119(e) should not be called a "continuation" or "continuation-in-part" of the provisional application since an application that claims the benefit of a provisional application is a nonprovisional application of a provisional application, not a continuation, division, or continuation-in-part of the provisional application.” The mere filing of a continuation-in-part patent application does not itself create an idea to be taken as true that the inventor acquiesces in any rejections which may be outstanding in the copending national nonprovisional patent application or patent applications upon which the continuation-in-part patent application relies for benefit. A continuation-in-part patent application is permitted to claim the benefit of the filing date of an earlier nonprovisional patent application if it complies with the requirements of 35 U.S.C. 120 and 37 CFR 1.78, such as: ( A ) The first application and the alleged continuation-in-part application must be filed with at least one common inventor. ( B ) The continuation-in-part application must be "filed before the patenting or abandonment of or termination of proceedings on the first application or an application similarly entitled to the benefit of the filing date of the first application". ( C ) The continuation-in-part application "contains or is amended to contain a specific reference to the earlier-filed application." (The specific reference must be submitted either in the first sentence(s) of the specification or an application data sheet (see 37 CFR 1.76 (b)(5)).) The CIP patent applications are flexible that makes them an attractive option for several reasons. Following are the advantages of CIP patent applications: 1. A CIP patent application offers the inventor to add subject matter, unlike an ordinary continuation patent application. The inventor is able to, for example, modify existing disclosure, expand descriptions (e.g., to make sure that claims for an important feature are fully supported), or add paragraphs disclosing new subject matter. 2. A CIP patent application allows an inventor to economize filing fees by combining old and new disclosures in one patent application to potentially reduce costs. Also for future continuation patent applications, a CIP patent application can serve as a vehicle. Thus, without the need to file parallel applications, keeping a patent family alive for an inventor is easier by making incremental improvements and adding embodiments that might be sufficient to justify their patent application. 3. Third, claims that are limited to subject matter that the CIP patent application shares with the parent application inherit the priority date of the parent application. By contrast, claims that include subject matter that is first disclosed in the CIP patent application are entitled only to the filing date of the CIP patent application. A CIP patent application can have several priority dates; claims may extend back through “a continuous chain of copending nonprovisional patent applications'' that disclose the claimed subject matter. MPEP § 211.05(I)(B). As a result, claims in a CIP patent application can have a priority date that is more than one year (e.g., three years) before the filing of the CIP patent application. A CIP patent application can be a convenient tool for the inventor to graft additional features onto a previously filed patent application . It may not, however, be the right tool for the job . 1. Shortened Patent Term: The standard patent term is of 20 years after the application’s earliest priority date. Also, the patent term of a CIP patent application that claims priority to a parent application, is limited to its parent application’s term. For example, if a parent application filed in 2005 has a CIP patent application filed in 2010 that claims priority to it, the parent application will expire in 2025, as well as the CIP patent application, as opposed to 2030, if the new disclosure had been filed in a standalone patent application. The shortened patent term applies to all claims of the CIP patent application, even those that are not entitled to the parent’s earlier priority date. An experienced patent attorney will be able to weigh the trade-off between an earlier priority date for some claims and a shortened patent term for all claims in a CIP patent application. 2. Claiming Any New Matter Brings Post-AIA Treatment: The earlier patent application (or chain of applications) to which a CIP patent application claims priority may well have been filed before the implementation of America Invents Act (AIA) changed the U.S. patent system in mid-March of 2013. For new patent applications filed since then, the AIA replaces the old first-to-invent system with a first-inventor-to-file system and expands what can qualify as prior art, among many other changes. However, a continuation patent application, not only inherits the parent application’s priority date but retains pre-AIA status if the parent application was pre-AIA but a CIP patent application, on the other hand, can easily lose that status. If even one claim in the CIP patent application includes subject matter introduced in the CIP patent application after the AIA implementation date, the entire patent application will become subject to post-AIA treatment, along with any future patent applications that claim priority to the CIP patent application. 3. Claiming Any New Matter Spoils Priority: It is unwise to think that a CIP patent application inherits the priority date of a parent application. A CIP patent application has individual claims that have their own priority dates and only a claim with all of its limitations fully supported by the disclosure of the parent application is entitled to the parent’s earlier priority date. All other claims are given the CIP patent application’s later priority date. Conclusion Filing a continuation or continuation-in-part type of patent application requires that the patent application must claim the benefit of the parent application, the patent application must be filed before the parent application is either approved or considered abandoned, and there must be at least one inventor listed under the new patent application that was listed under the original patent application. Meeting these requirements enables the inventors to apply modifications to the parent application without losing the valuable filing date in a system where "first to file" is the rule. Continuation and CIP patent applications are extremely helpful resources available to the inventors as it offers them the ability to modify the original patent application and keep the original filing date of a parent application. Filing continuation patent applications offer many advantages, however, blindly filing continuation patent applications will lead to an explosion in costs. Once the CIP patent application adopts the later filing date, the CIP patent application and its children become vulnerable to rejections based on a larger pool of prior art — including former parent applications in some cases. See, e.g., Santarus, Inc. v. Par Pharm., Inc. , 694 F.3d 1344, 1352 (Fed. Cir. 2012) (finding that “[d]ue to break in the chain of priority,” the “[parent] patent [was] prior art for some asserted claims”). References https://mpep.uspto.gov/RDMS/MPEP/E8r8#/E8r8/d0e9852.html https://www.nutter.com/ip-law-bulletin/continuation-patent-applications-10-reasons-you-should-file#:~:text=In%20addition%20to%20building%20clear,Evolving%20Technology . https://www.perkinscoie.com/en/news-insights/beware-of-the-cip-parent-applications-can-be-prior-art.html https://www.invntree.com/blogs/strategic-use-of-us-continuation-applications-in-building-patent-portfolio https://www.ipwatchdog.com/2020/10/23/types-subsequent-patent-applications-united-states-part-ii/id=126624/ https://www.leagle.com/decision/infco20120904105 Shubham is a research analyst at Copperpod. He has a Bachelor's degree in Electronics and Commuication Engineering. His interest areas are the Internet of things (IoT), Networking , Semiconductors , Embedded System and Software. Copperpod provides Portfolio Analysis to identify high value patents in a given portfolio and their licensing opportunities. Copperpod's IP monetization team helps clients mine patent portfolios for the best patents in a given portfolio. Our portfolio analysis is built upon a deeply researched algorithm based on 40+ parameters - and ranks each patent according to a highly customized PodRank . Please contact us at info@copperpodip.com to know more about our Portfolio Analysis services.
- The Race To Finding the Cure for COVID-19
First detected in December in Wuhan, China, COVID-19 has now become a pandemic affecting almost 1.5 million people worldwide and causing more than 80,000 deaths at the time of writing. According to the World Health Organization’s emergency expert, even measures like complete lock-down of cities and societies are not enough to whitewash COVID-19. We need to put proper public health measures in place to detect and isolate the patients from rest of the people. When that’s done, it is the virus that need to be tackled. As the COVID-19 cases have hit a steep exponential growth, all eyes are on the healthcare companies, researchers and academic institutions which are tirelessly working towards definitive treatments and vaccines. Majority of the people infected with the COVID-19 display only minor symptoms including fever, cough, and runny nose. In the severe cases, the virus can cause Pneumonia in both lungs and organ failure, ultimately resulting in death. The treatments being trailed fall majorly into two categories: 1. Treating respiratory symptoms– particularly the inflammation that occurs in the lungs 2. Antiviral growth– stopping viruses from replicating inside the human body Antiviral measures target the virus inside the infected people. They work by preventing the virus from replicating, or blocking the virus from infecting the human cells. Development and approval of antivirals take less time than vaccines. Since creating a new drug involves heavy research and time, existing drugs are also being considered for antivirals. For example: Chloroquine - Initial laboratory studies show that the antimalarial drug may work against the COVID-19 virus by blocking infection. A small clinical trial in France hinted that it may work as a treatment for COVID-19. However, the study wasn’t randomized, so they will need larger clinical trials. However, the drug, along with hydroxychloroquine, was granted emergency use designation by the US FDA. Favipiravir - This drug is approved in countries outside the United States to treat influenza. Reports from China suggest it may work as a treatment for COVID-19. Remdesivir - This 10-year-old drug failed the clinical trials against Ebola in 2014. But it was found to be safe in people. Research with MERS showed that the drug blocked the replication of virus. It is being tested in five COVID-19 clinical trials. The first results should be available in April. Ritonavir - Already approved for the treatment of HIV infection, lopinavir is being studied along with ritonavir for the treatment of MERS and SARS coronaviruses. Vitro studies revealed that lopinavir/ritonavir has sufficient antiviral activity against SARS-CoV-2. The drug is currently in phase 4 of clinical trials to investigate whether lopinavir/ritonavir reduces viral load from respiratory specimen. Actemra - Undergoing clinical trial in China, Actemra prevents overreaction of the immune system, hence reducing the chances of organ failure leading to death in some coronavirus patients. Remdesivir (GS-5734) - An ineffective Ebola drug developed by Gilead Sciences is being tested in two phase III randomized clinical trials in Asian countries including Japan and China. Vaccines and Clinical Trials A vaccine stimulates the body’s immune system to fight against infectious pathogens, like bacteria and viruses. They are one of the most effective ways to prevent diseases. A vaccine protects people before exposure to a virus — in this case, SARS-CoV-2, the virus that causes COVID-19. A vaccine trains the immune system so that it recognizes and attacks the virus when it comes to face with it. Vaccines are important because they protect the vaccinated person and the society. A vaccinated person stops further infection by fighting the virus inside his body. This stops further spread of the virus. This is termed as herd immunity. Though vaccines are the best way to end this pandemic but the time it takes from development of a vaccine to the vaccine being available for sale is at least 18 months. For a medicine/vaccine to be sold it needs to go through the standard process of clinical trials including phase 1 to 3 trials. The process ensures that the medicine is safe, harmless, is effective. The process can be broken down into six phases: 1. Vaccine Design: Scientists study a pathogen and decide on how they will get the immune system to recognize it. 2. Animal Studies: Animals are tested against the vaccines. This is done to show that it works and has no extreme adverse effects. 3. Clinical Trials (phase I): Small number of healthy people and infected people are given the drug. This identifies any side effects and determines the dosage of the drug. 4. Clinical Trials (phase II): The drug or vaccine is given to a large group of infected people. A coronavirus trial may assess if a vaccine stimulates the immune system in a certain way and no side effects from phase 1 show up. 5. Clinical Trials (phase III): The final phase of trials sees an even greater amount of people tested over a long period of time. 6. Regulatory Approval: The final hurdle sees regulatory agencies, like the US Food and Drug Administration, the European Medicines Agency and Australia’s Therapeutic Goods Administration which take a look at the available evidence from experiments and trials and conclude whether a vaccine should be given the all-clear as a treatment option. Companies are working on potential vaccines for SARS-CoV-2, with several backed by the nonprofit Coalition for Epidemic Preparedness Innovations (CEPI). The work was started after Chinese scientists shared the genetic sequence of the virus. The Key Companies Include: Moderna - Moderna, with extreme urgency, has begun testing its messenger RNA (mRNA) vaccine, mRNA-1273, in a phase I clinical trial in Seattle, Washington. The study includes 45 healthy volunteers, ages 18 to 55. The company is known for developing other mRNA vaccines before. The earlier vaccines and studies were safe enough, allowing the company to skip certain animal testing for this specific vaccine. Within the trial patients will receive two injections of the mRNA-1273 28 days apart. The 45 patients will be divided into three groups of 15 and given differing doses: 25 micrograms, 100 micrograms or 250 micrograms. CanSino Biological - Accredited with success in developing the Ebola virus vaccine, it is proceeding with the phase I clinical trial for its Non-Replicating Viral Vector based vaccine Ad5-nCoV. BioNTech SE and Pfizer - Pfizer has agreed to help develop and distribute BioNTech SE’s COVID-19 vaccine candidate. BioNTech plans to put the vaccine candidate into clinical trials in late April, in Germany and the U.S. It is testing the vaccine in collaboration with Shanghai Fosun Pharmaceutical Group Co. Ltd. in China. University of Oxford - ChAdOx1 nCoV-19 developed by the University of Oxford is an adenovirus vaccine vector. The vaccine is being tested in a clinical trial in the Thames Valley Region with approximately 510 volunteers aged between 18 years and 55 years. UMC Utrecht and Radboud University - A collaboration of research institutes and universities is testing Bacillus Calmette-Guérin (BCG), a vaccine against tuberculosis, in phase 3 of the clinical trial. This is based on the fact that BCG reduces the incidence of respiratory tract infections in children. It is a placebo-controlled trial wherein a group of subjects receives the treatment to be evaluated and a separate control group receives a placebo treatment having no real effect. At least 41 companies and research institutes are hustling for a vaccine which can bring the pandemic to end. Even if the vaccines are proven to be safe and effective in protection against COVID-19, they could still be at least a year away and probably more. #covid19 #coronavirus #healthcare
- Understanding Miracast as a Wireless Display Technology
The global wireless display market size is expected to reach $9.71 billion by 2030 from $3.64 billion in 2020, growing at a CAGR of 11.00% from 2021 to 2030. Several organizations across the globe are using various wireless streaming devices to effectively communicate and collaborate with their stakeholders, including employees, customers, and investors. What is Miracast? Miracast is a standard for wireless connections which defines a protocol to connect external monitors via Wi-Fi to your device. It can be described as "HDMI over Wi-Fi", replacing the cable from the device to the display. Miracast devices make use of a Wi-Fi connection to deliver audio and video content from one device to another. These devices connect directly, so you can do things like watch videos from a smartphone on a big screen television or share a laptop screen with the conference room projector to collaborate in real-time. Miracast technology was first introduced in 2012 by the Wi-Fi Alliance. Wi-Fi Alliance is a non-profit organization that promotes Wi-Fi technology (such as Wi-Fi 6, WiGig, WPA3, etc) and certifies Wi-Fi products. Miracast employs the peer-to-peer Wi-Fi Direct standard. This technology is based on IEEE WLAN standards i.e. 802.11. IEEE 802.11 is part of the IEEE 802 set of LAN protocols, and specifies the set of media access control (MAC) and physical layer (PHY) protocols for implementing wireless local area network (WLAN) Wi-Fi computer communication in various frequencies. Miracast devices do not require any home network to exist for making paired connection. This is as simple as Bluetooth or Wi-Fi as far as connection establishment is concerned. Miracast support H.264 and hence 1080p video and 5.1 surround audio. Following are the features of Miracast technology: Standards: Wi-Fi P2P, Wi-Fi Direct Application: Screen Mirroring Frequency allocation: 2.4GHz, 5 GHz Encryption: WPA2 Network type: P2P Power: same as WLAN standards (11a/11b/11g/11n/11ac/11ax) Range: same as WLAN standards Data Rate: same as WLAN standards What do you need to use Miracast? The foremost requirement is that both the devices must support Miracast. For the device whose screen you want to mirror, support for Miracast requires three things: wireless chipset support, operating system support, and driver support. Even if your device doesn’t meet all the three requirements you can buy a Miracast adapter and upgrade your operating system. Miracast source adapters are often bundled with Miracast receivers like Actiontec’s ScreenBeam kit. On the software side, Miracast is supported in Windows 8.1 and Windows 10. Older Windows versions can be made to support Miracast through third-party apps. Linux distros have access to wireless display support through Intel’s open-source Wireless Display Software for Linux OS. Android supported Miracast in Android 4.2 (KitKat) and Android 5 (Lollipop). However, Google dropped native Miracast support in Android 6 (Marshmallow) and later. If you want to mirror the display from a newer Android phone or tablet, you’ll need to do so via Chromecast. Neither Apple’s OS X nor iOS support Miracast. Instead, Apple has opted for its own AirPlay technology, which requires an Apple TV to mirror the display wirelessly on a television screen. Among Windows hardware, laptops and tablets starting with Intel’s fourth- and fifth-generation Core processors and Intel’s own 7260 wireless chip supported Miracast, but the Intel technology underlying that support, WiDi, has been discontinued in favour of the Windows 8.1/10 support mentioned above. Does Miracast have an alternative? A similar technology is developed by some major companies like Apple, Google and Intel. Unlike protocols like Apple’s AirPlay and Google’s Chromecast, Miracast is designed to be a cross-platform standard. Miracast functions exclusively as a “screen mirroring” protocol. So, if you wanted to start a Netflix video on your phone and play it via Miracast, you’d have to leave your phone’s screen on the whole time. Everything on your phone’s screen would be mirrored on the TV. Let’s now discuss the Miracast alternatives (AirPlay, WiDi, and Chromecast) to understand the differences between all these different protocols. Apple AirPlay AirPlay is Apple’s wireless display standard. It allows you to stream video from an iPhone, iPad, or Mac to an Apple TV. Airplay is flexible enough to work in two different ways. It can use display mirroring to mirror the contents of a device’s display, or use a streaming mode that’s smarter. For example, you could play a video in an app on an iPhone and use the playback controls on your iPhone to control the video on your TV. Even while fiddling with the playback controls on your iPhone’s screen, they wouldn’t appear on your TV — AirPlay is smart enough to stream only the content you want to see on the display. Even though AirPlay is smart, but it comes with a big limitation — it only works with Apple devices. Intel WiDi WiDi is short for Intel Wireless Display, a feature associated with Intel’s Wi-Fi Direct standard. This is Intel’s attempt at offering a wireless video and audio streaming system that could compete with Apple’s AirPlay. But WiDi never saw much uptake. Intel Wireless Display 3.5 makes WiDi Miracast-compatible, essentially turning WiDi into another branded Miracast-compatible standard. Intel has basically folded WiDi into Miracast. Google Chromecast Chromecast is Google’s cheap receiver that plugs into your TV’s HDMI port, but it uses something called the DIAL (Discover and Launch) protocol. To use the Chromecast, you open an app on your Android phone - Netflix, for example. You tell Netflix to play a video to your Chromecast. The Chromecast then connects to the Internet and plays the video, allowing you to control its playback via the app on your smartphone. In this way, your smartphone allows you to discover videos, launch them on the Chromecast, and control their playback. The Chromecast doesn’t simply display the contents of your device’s screen. However, Chromecast also offers a feature that lets you stream your entire desktop or the contents of a Chrome tab to your TV via the Chromecast, just like AirPlay. Even though Miracast has an advantage to connect devices even if they are from different manufacturers it does come with some problems too. Problem 1: It’s Only Screen Mirroring As Miracast is all about screen mirroring and doesn’t have the “smarts” you see in protocols like AirPlay and Chromecast, which can hand-off streaming to another device and display a different interface on one device’s screen. Miracast can best be thought of like a wireless HDMI cable. For instance, you could open the Netflix app on your phone, locate a movie you want to watch. With Miracast, your phone’s screen would have to stay powered-on and streaming the video for the entire length of the Netflix movie, draining its battery. Unlike AirPlay and Chromecast, it lacks smart protocols which could help in better viewing experience. For instance, you could watch a Netflix video and view the playback controls only on your phone, so they wouldn’t get in the way on the TV or you could play a video game and view only the game world on the screen, with a separate set of controls on your phone. Problem 2: It’s Unreliable and Often Doesn’t Work This is the biggest problem with Miracast. It’s an open standard and Miracast-certified devices are supposed to communicate just fine with other Miracast-certified devices. However, they often don’t. There have been constant reports of problems from many users around the globe. Therefore, in terms reliability it doesn’t score good. Who are the Big Players of the Miracast? Almost every Android phone and Windows 10 PC has Miracast technology built-in, as do major streaming devices, like the Roku players and the Amazon Fire TV. Some of the prominent players in the Miracast Technology are listed below: • Google, Inc. • Amazon.com, Inc. • Microsoft Corporation • Roku, Inc. • Sony • LG • Samsung • Nvidia • Rockchip • Lattice Semiconductor • NETGEAR, Inc. • Cavium, Inc. • Toshiba • Panasonic • Actiontec Electronics, Inc. • Belkin International, Inc. Future The global wireless display market size is expected to reach $9.71 billion by 2030 from $3.64 billion in 2020, growing at a CAGR of 11.00% from 2021 to 2030. Several organizations across the globe are using various wireless streaming devices to effectively communicate and collaborate with their stakeholders, including employees, customers, and investors. Increasing adoption of wireless display technologies in residential applications for streaming online content or mirroring content from external sources is projected to continue to stoke the growth of the market. Copperpod helps attorneys dig deep into technology products and find evidence of patent infringement through reverse engineering, product testing, and network packet capture. Our reverse engineering and network captures have been relied upon by leading trial attorneys for negotiating over a dozen settlements and royalty agreements on behalf of technology clients. Know more about how we leverage different RE techniques to uncover even the hardest to find evidence of patent infringement.
- Food Colors - Ingredients, Laws and Standards
Before the 19th century, food was mostly prepared at home. As society progressed, packaged foodstuffs came into vogue, and so did the use of food colors. Food colors are essential in order to maintain the desired color appearance, as well as to improve or sustain the sensory qualities of the food product that may be impacted or lost during processing or storage. Today, food color additives are more strictly studied, regulated and monitored than at any other time in history. What are Food Colors? Any dye or chemical that develops color when added to food, drink, or beverages is referred to as a food coloring agent or color additive. The ultimate appetizing value and consumer acceptance of meals and beverages are greatly enhanced by color. Food makers use synthetic food colors more frequently than natural food colors to achieve certain features, including low cost, improved look, high color intensity, more color stability, and consistency. Why are Food Colors Added to the Food? Enhancing naturally occurring colors. Decorative or artistic purposes, such as cake icing. Masking natural variations in color. Offsetting color loss due to light, air, extremes of temperature, moisture, and storage conditions. To change the color of some food items. What are Permitted Natural Food Colors? Permitted Natural Food Color (INS163/E163) is water-soluble, the violet color derived from the cell sap of plants, vegetables and flowers. It functions as an antioxidant in fruits and vegetables and has anti-inflammatory characteristics. It is permitted for use as a natural coloring agent in foods and beverages by the European Union (EU). It is one of the most common food additives in the world, which is found in almost all foods and is used to impart color. Furthermore, it comes in a variety of colors, including: E163(a) cyanidin (red), E163(b) delphinidin (blue), and E163(c) malvidin (purple color). Laws Related to Food Color Regulation in the US The Food Additive and Color Additive Amendment, the Food Safety and Modernization Act (FSMA) of 2012, the Fair Packaging and Labeling Act (FPLA) of 1966, and the Public Health Security and Bioterrorism Preparedness and Response Act (Bioterrorism Act) of 2002 serve as the main foundations for the federal color additive regulation in the US. Under Title 21 of the Code of Federal Regulations, the USFDA, a division of the Department of Health and Human Services (HHS), is in charge of enforcing the laws governing food colors. The specifications and guidelines for using authorized color additives are listed in Parts 70–82 and 101, with reference to Part 58 on acceptable laboratory practice for testing. These parts also contain rules on petitions and labelling. Additional limits for usage of certain goods are included in the standards of identity for over 300 foods, which are detailed in Parts 130–169 and Part 319 of Title 9 and are governed by the Food Safety and Inspection Service (FSIS) of the United States Department of Agriculture (USDA). US laws distinguish and require certification of these dyes. Further, all the products in these categories are under a continuous review process conducted by the FDA. Food dyes: Both synthetic and natural products are available. Some are required to be certified, while others are not. There are a total of 11 synthetic products (of which 6 are natural coloring agents) that require certification and 26 that do not. Drug Dyes: There are drug dyes that must be certified (6) (dyes and pigments), and there are drug dyes that are not required to be certified (16). (Natural dyes). Drug and Cosmetic Dyes: This is the list with the most items on it, and it includes synthetic dyes and pigments that must all be certified. One item on this list, a natural dye, is the sole one that is exempt from certification. Cosmetic Dyes: Only four synthetic dyes are required to be certified. Laws Related to Food Color Regulation in the EU Regulation (EC) No. 1331/2008 (EC 2008a) sets out a common authorization procedure, and Regulation (EC) No. 1333/2008 (EC 2008c) on food additives and its amendment, Regulation (EC) No. 1129/2011 (EC 2011), include the rules for food colors. The annexes of Regulation (EC) No. 1333/2008 contain food categories and a positive list of colors permitted in the EU, including maximum quantities and instructions for use. Regulation (EU) No. 231/2012 (EC 2012) lays down the specifications for food additives listed in Annexes II and III to Regulation (EC) No. 1333/2008. In the EU, ingredients that are added to foods to change their color are classified one of three ways: as a color additive, as a flavor or as a coloring food. What are Synthetic Food Colors? Synthetic food colors provide a number of economically significant advantages over natural colors, including low cost, resilience to light and pH, and good color stability. Chemicals used in artificial food coloring are derived from coal tar, and most of them have an azo group. Generally, the synthetic food colors are available in the following forms: - Granular Powder Lake Colors (Water-insoluble) Food, drug and cosmetic Colors (FD&C Colors) Drug and Cosmetic Colors (D&C Colors) The three distinct varieties of synthetic food colors are as follows: Primary Food Colors: Primary food colors are water-soluble and dissolve into a powdered form. Primary food colors are widely utilized as dyes in food, pharmaceutical, cosmetic, and other industries because of their great utilitarian value. Primary food colors mostly consist of (CH2)2CHNH2-COOH, (CH2)2OH, and CH2NHCOCH3, among other things Blended Food Colors: These colors are made by combining various primary and secondary hues, either separately or simultaneously. Blended Food colors are unique in color property, and the chemical composition is CH2OH-NH2. Lake Food Colors: Pharmaceutical, cosmetic, link, and plastic food container sectors can all benefit from the vivid consistency of lake hues. Lake food has the chemical formula C37H36AlN2O9S3. Some Commonly Used Food Colors Lake Tartrazine (INS 102/ E 102) Chemical composition: (C16H9N4Na3O9S2) It is a chemical that is utilized in both domestic and commercial food manufacturing. It serves as an ingredient in a variety of foods, including custards, cereals, ice creams, beverages, and confections. Lake Quinoline Yellow (INS 104/ E 104) Chemical composition: (C18H11NO2) Quinoline Yellow Lake is a widely used food ingredient that is inexpensive and used in many sectors. It comes in powder form and dissolves uniformly in a range of liquids. Quinoline Lake Sunset Yellow for Food Coloring (FCF) (INS 110/ E 110) Chemical composition: (C16H10N2Na2O7S2) In terms of manufacturing and supplying lake sunset yellow FCF to the market, VIPL has had success. It has a high value in the food, beverage, cereal, cosmetic, and pharmaceutical industries. Red No. 3 (Erythrosine) (INS 127/ E 127) It is a cherry-red coloring that is frequently used in candies, popsicles, and cake-decorating gels. Brilliant Blue No. 1 FCF (Blue No. 1) INS 133/ E 133) It is a greenish-blue color that is used in popsicles, icings, canned peas, and ice cream. Drawbacks of Using Food Colors Studies and research have linked artificial food dyes to: Hyperactivity, including ADHD (Attention-deficit/hyperactivity disorder). Behavioral changes like irritability and depression. Hives and asthma. Tumor growth Carcinogenicity Allergic reactions Conclusion Modern consumers choose food products based largely on their aesthetic appeal, and color is an essential ingredient in both food and beverages. Food colorants are used in the manufacture of foods, necessitating the development of precise, sensitive, and accurate analytical techniques for their measurement. Artificial food colors are commonly found in processed foods, which gives us yet another reason to stay away from them. Even though food dyes haven't had a bad effect on human health when used and ingested in ordinary amounts, it is better to prefer food with naturally colored ingredients. Lastly, consumers must make conscious decisions related to their eating habits. After all, health is wealth, isn't it? References https://www.fda.gov/food/food-ingredients-packaging/overview-food-ingredients-additives-colors https://www.canr.msu.edu/news/101-series-food-dye https://www.tandfonline.com/doi/full/10.1080/19440049.2016.1274431# https://www.thewellnesscorner.com/blog/the-dangers-of-artificial-food-colors https://www.sciencedirect.com/science/article/pii/S2772753X2200003X https://www.fsw.cc/fdc-dyes-what-are-they/ International Numbering System for Food Additives - Wikipedia
- Introduction to International Numbering System (INS) for Food Additives
Food labels with nutritional information give us details about the food we choose to eat and give to others. Their significance arises from the fact that regular people can make informed decisions about their own health and customize their options to suit their requirements and preferences. One of the most crucial elements of any food centered industry is food labelling. Beyond transparency and credibility, it gives people the freedom to decide, maintain, and customize their dietary requirements and health regimes. The Federal Food, Drug, and Cosmetic Act has provided the Food and Drug Administration (FDA) with appropriate guidelines for food labelling. The basic guideline is straightforward: every prepared and packaged food item, including bread, canned goods, frozen goods, cereals, snacks, drinks, and desserts, have to list all of its nutritional information. Depending on the nature of the product, the FDA also regularly advises the food sector on any additions or deletions of information in the labelling. This kind of information is necessary to control caloric consumption and understand what exactly consumers are consuming. So, needless to say, food labels are useful for managing a healthy diet and way of life. What are Food Labels? The black and white grids, also known as nutrition labels, printed on the back or side panel of every single bag, box, or bottle of pre-packaged food that we purchase anywhere in the world, are called food labels. Let us dive deep into how food labelling evolved over a period of time from something that merely served as a mark for food producers to a vital product panel that empowers today's consumers to make informed decisions about their health and overall lifestyle. Food labelling was initially developed as a consumer safety measure in response to outbreaks of food-borne illness in the 1850s. President Zachary Taylor passed away from a food-borne illness after swallowing tainted fruit and milk during a picnic, which was one of the most noteworthy cases at the time. Following this widely reported death, President Abraham Lincoln established the United States Department of Agriculture (USDA) in 1862, which resulted in the development of stringent regulations for the storage and processing of food. History of Food Labels Here are some of the prominent and important developments in food labels over the years. 1862 The Food and Drug Administration's forerunner, the Bureau of Chemistry, and the Department of Agriculture are established by President Lincoln. 1906 The first Food and Drugs Act is passed. It forbids the interstate trade in tainted and contaminated foods, beverages, and medicines. 1924 According to the Supreme Court, even if a statement, design, or gadget on a product's label is technically true, it is illegal under the Food and Drugs Act to use it to mislead or deceive consumers. 1938 The Federal Food, Drug, and Cosmetic Act of 1938 is updated and expanded. Highlights include establishing appropriate tolerance levels for unavoidable toxic elements, establishing criteria for food identity, quality, and fill-of-container, and approving factory inspections. 1958 The Food Additives Amendment, passed in 1958, mandates that producers of novel food additives demonstrate their safety. Manufacturers were required to list all additives in products. 1958 The first list of food substances generally recognized as safe (GRAS) is published by the FDA. 1980 The 1980 Dietary Guidelines for Americans were published by the USDA Food and Nutrition Information Center (FNIC). Every five years, the regulations must be updated. 1990 Nutrition Labelling and Education Act (NLEA) is passed. All packaged goods must have standardized nutrition labels, and all food-related health claims must adhere to criteria established by the Secretary of Health and Human Services. As a concession to food manufacturers, the FDA authorizes some health claims for foods. Serving sizes, food ingredient panels, and phrases like "low fat" and "light" are all standardized. Essentially, this is the nutrition label as we currently understand it. 1990 The Nutrition Labeling and Education Act of 1990 mandates the inclusion of nutrition facts, or basic per-serving nutritional information, on food packaging. The most crucial nutrients must be listed on food labels in an understandable style. 2002 The National Organic Program (NOP) is enacted. It restricts the use of the term "organic" to certified organic producers. 2004 The Food Allergy Labeling and Consumer Protection Act was passed. It requires the labelling of any food that contains one or more of the following: wheat, tree nuts, milk, eggs, fish, soybeans, and tree nuts. 2018 December. The USDA publishes final guidelines for GMO labelling. The term "bioengineered" will now be used to describe products manufactured with genetically modified substances. In 2022, the requirement will become effective. January 2020 FDA's new nutrition label finally goes into effect, 6 years after it was initially proposed. Standards for International Food Labeling There are numerous labelling standards available, each with unique requirements based on the type of product. Governments reaffirmed that "empowerment of consumers is necessary through improved and evidence-based health and nutrition information and education to make informed choices regarding consumption of food products for healthy dietary practice" at the Second International Conference on Nutrition (ICN2) in 2014. Further, each nation has its own laws and guidelines governing food labelling. Even the bare necessities can differ slightly from country to country. General food labelling standards have been set by an international organization called Codex Alimentarius, but because they are voluntary, each country is free to interpret and apply them however they see fit. The Codex Alimentarius Commission The Codex Alimentarius, or "Food Code", is a collection of standards, guidelines and codes of practice adopted by the Codex Alimentarius Commission. It was established by the Food and Agriculture Organization (FAO) and the World Health Organization (WHO) jointly in May 1963 with the aim of protecting consumers' health and ensuring fair practices in the food trade. What is an INS Food Labelling System? The International Numbering System (INS) for Food Additives is a European-based naming system for food additives that aims at providing a short designation of what may be a lengthy actual name. This system identifies food additives, similar to the E-numbering system, which is accepted internationally. The INS is a flexible list that is "susceptible to the continuing insertion of new additives or the removal of current ones." On food labels, ID numbers are used for labelling and have three or four digits. The subclasses of the product are denoted by alphabetical or numeric subscripts that can occasionally follow the numbers. The INS also takes into account the roles played by food additives. Twenty-three categories, including one specifically for modified starches are included in the list of additives. What are E Numbers for Food Labels? E numbers where "E" stands for "Europe" are codes for substances used as food additives, including those found naturally in many foods. An additive that appears in the INS does not automatically have a corresponding E number but it is a general trend that the INS numbers correspond to E numbers for the same compound. Example: INS 102, which is Tartrazine, is also E102 in the E numbering system. INS numbers are not unique and, in fact, one number may be assigned to a group of similar compounds. It is important to remember that not all examples of a class fall into the given numeric range. Many have variable purposes, so an exclusive class range cannot be provided. Allergen Information The following foods and ingredients are known to cause hypersensitivity or allergies and are always declared: Cereals containing gluten; i.e., wheat, rye, barley, oats, spelt or their hybridized strains and products of these; Crustacea and products of these; Eggs and egg products; Fish and fish products; Peanuts, soybeans and products of these; Milk and milk products (lactose included); Tree nuts and nut products; and Sulphite in concentrations of 10 mg/kg or more. Benefits of Food Labelling Providing information about food items Preventing frauds Stopping food wastage Educating the consumer Motivating people to eat healthier Awareness about nutritional values Planning diets Understanding the shellfire of food items Conclusion Governments, producers, industry, and consumers all share responsibility for ensuring food safety. One approach for consumers to learn more about the food they are considering purchasing is through food labelling. Consumers can avoid avoidable food-borne illnesses and allergic responses by correctly following the directions on food labels (such as expiration dates, handling recommendations, and allergy warnings). Food labels with nutritional information give us details about the food we choose to eat and give to others. Their significance arises from the fact that regular people can make informed decisions about their own health and customize their options to suit their requirements and preferences. In the coming series of blogs, we will take you through different aspects of INS food labels. Stay tuned! References http://foodsafetyinsight.weebly.com/uploads/2/6/0/2/26023332/ins.pdf International Numbering System for Food Additives - Wikipedia The Benefits of Labeling: Featuring Your Off the Shelf Food Products and Nutrition Facts - MenuSano https://www.48hourprint.com/history-evolution-food-labels https://www.wto.org/english/thewto_e/coher_e/wto_codex_e.htm https://en.wikipedia.org/wiki/E_number https://www.cfs.gov.hk/english/multimedia/multimedia_pub/files/food_additives_ins.pdf
- What Can Law Firms Do To Better Support LGBTQ+ Communities?
According to a 2020 Gallup poll, at least 5.6 percent of the US population, or nearly 18 million adults, identify as LGBTQ+. According to the Human Rights Campaign (HRC) Foundation research, A Workplace Divided: Understanding the Climate for LGBTQ+ People Nationwide, 46 percent of LGBTQ+ workers still do not come out or stay secretive about their gender preferences in the workplace. In the light of this, a company should not only look at its rules and policies related to inclusivity but also strive to figure out how LGBTQ+ personnel feels about their jobs. It should also be aware of any potential biases among employees that hinder team cohesion. What is Pride Month and why is it celebrated? LGBTQ+ Pride Month is celebrated across the United States to commemorate the Stonewall riots of June 1969. As a result, many pride events are held during this month to recognize the impact LGBT people have had on the world. The Stonewall uprising began on June 28, 1969 as a series of actions between police and LGBTQ+ protestors over a six day period. It wasn't the first time cops raided a gay bar, and it wasn't the first time LGBTQ+ people fought back, but the events of the next six days would forever alter the conversation around LGBTQ+ activism in the United States. Pride is a time to reflect on the struggles that the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) community has faced, as well as to celebrate the successes of trailblazing individuals who have heroically battled for complete equality – and continue to do so. Pride is social jubilation of visibility as well as a personal celebration of self-worth and dignity. Change is the way forward Since Stonewall, the LGBTQ+ community in America has made significant progress. In recent Supreme Court decisions, regressive laws have been thrown down, the right to marriage equality has been recognised, and workplace safeguards for LGBTQ+ people have been achieved in every state and territory. The Hate Crimes Prevention Act of Matthew Shepard and James Byrd, Jr. expanded the definition of hate crimes to include crimes motivated by sexual orientation or gender identity. Members of the LGBTQ+ community today hold positions in practically every level of government, including city halls and state capitals, governors' mansions and congressional chambers, and my own administration. Nearly 14% of my 1,500 agency appointees identify as LGBTQ+, and we are especially proud of Transportation Secretary Pete Buttigieg's service as the first openly LGBTQ+ person in the Cabinet, and Assistant Health Secretary Dr. Rachel Levine's confirmation as the first openly transgender person in the Senate. However, workplace discrimination continues to be an issue for LGBTQ+ employees. When it comes to changing public opinion and supporting LQBTQ employee well-being at work, American companies wield enormous power. While LGBTQ+ rights have come a long way in the last two decades, there is always room for improvement. US Laws for LGBTQ+ Communities The United States Constitution guarantees "equal protection of the laws" to all persons, including LGBTQ+ people. Similar safeguards are found in state constitutions. This implies that no entity can single out LGBTQ+ students/employees for discrimination just because the organisation authorities disapprove of homosexuality or are uncomfortable with people of different gender identities or expressions. When it comes to peer conflicts and abuse, the US Constitution prevents public schools and organisations from treating bullying and harassment any less seriously because the targets are LGBTQ+. Lesbian, gay, bisexual and transgender queer (LGBT) rights in the United States have increased significantly over time, and are socially liberal relative to most other nations. However, LGBT people in the United States may encounter legal problems that non-LGBT inhabitants do not. Until 1962, all 50 states criminalised same-sex sexual activity, but by 2003, all the laws were declared invalid. By 2015, LGBT Americans had won the right to marry in all 50 states, beginning in Massachusetts in 2004. Additionally, in many states and jurisdictions, LGBT Americans are explicitly protected from discrimination in employment, housing, and access to public accommodations. The Supreme Court of the United States has established many LGBT rights in the United States. In five landmark rulings between the years 1996 and 2020, the Supreme Court invalidated a state law banning protected class recognition based upon homosexuality, struck down sodomy laws nationwide, struck down Section 3 of the Defense of Marriage Act, and made same-sex marriage legal nationwide. The Supreme Court also prohibited employment discrimination against gay and transgender employees. By including "sexual orientation" and "gender identity" as protected characteristics under the Fair Housing Act, the Fair and Equal Housing Act would establish consistent and clear nondiscrimination protections for LGBTQ+ individuals in housing. Despite the fact that family law differs from state to state, following the Supreme Court's decision in Obergefell v. Hodges in June 2015, adoption of children by same-sex married couples has become lawful throughout the United States (though Mississippi did not have its same-sex adoption ban struck down by a federal court until March 2016). Adoption policies differ widely from one jurisdiction to the next. Adoption policies differ widely from one jurisdiction to the next. Some states allow all couples to adopt, while others prohibit all unmarried couples from doing so. Hate crimes based on sexual orientation or gender identity are punishable by federal law under the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009, but many states lack state-level hate crime laws that cover sexual orientation and/or gender identity. LGBT people of colour, particularly transgender women of colour, face the highest rates of discrimination and hate crimes. In 2022, however, more than 300 bills restricting the rights of LGBT people have been introduced or passed in 36 states. How can we help the LGBTQ+ community and be their ally? The word "ally" carries a great deal of weight. Someone who stands at your side and has your back because they believe it is the right thing to do. In the LGBTQ+ movement, an "ally" is a phrase used to describe someone who is not LGBTQ+ but is committed to equality and speaks out against bigotry. Anyone can be an ally Allies can play a crucial role in halting and even preventing harassment and discrimination against LGBTQ+ youth by publicly supporting them and their rights, ensuring that schools and out-of-home care environments are safe for everyone. While it may be safer for straight allies to stand up for LGBT rights, being an ally is not without its own set of difficulties. Allies might be harassed or discriminated against as well. Here are easy ways to make your law firm more welcoming to LGBTQ+ employees. Educate Yourself and Others on the Subject Allies must take the initiative and research what it means to be a part of the LGTBQ community and an ally. Don't rely on your LGBTQ+ coworkers to educate you and your colleagues. Listen You may express your care just by listening and being helpful. This goes back to educating yourself and making an effort to learn more, resulting in a workplace culture where your LGBTQ+ coworkers feel comfortable being honest about themselves. Remember that it is up to you to study more and be open, as well as to recognise the privilege you may have as a heterosexual. (And, hey, by reading this site, you've already gotten off to a fantastic start!) Check to See if Your Company’s Employment Methods are All-Inclusive It's critical to evaluate the signals you're sending as a company or as a coworker while creating a culture of wellbeing. If you're looking to fill a new position, look for LGBTQ+ candidates on LGBTQ+ job sites and at recruitment events. The importance of inclusive recruiting procedures is undervalued, and now more than ever, we need to grasp it. Diverse businesses are more likely to lead in innovation and outperform the competition, according to studies. Building a more varied culture is thus not just the correct thing to do, but it is also beneficial to your company's general health. Pro Bono Litigation LGBTQ+ employees who need help aligning their legal documents with their gender identification, enhancing their access to jobs, education, and public benefits should be assisted by the companies and firms they work at. Providing litigation, advocacy, and educational work in all areas of gay, lesbian, bisexual, transgender, and queer civil rights is as important as voicing out their issues. Consider How Your Company Appears in the Public Eye Authentic representation is a low-cost, high-impact strategy to create a more inclusive workplace. Increase exposure of LGBTQ+ people throughout the year, not just during Pride Month. It's also critical to ensure that your representation is genuine and free of tokenism or stereotypes. Tokenism occurs when an organisation takes simply symbolic efforts to promote underrepresented groups, rather than really supporting those beliefs. If you're going to make more inclusive advertising a priority, make sure the focus is on normalising these interactions and providing LGBTQ+ people a voice. This nonverbal display of support communicates to current and new team members that your organisation values LGBTQ+ employees, clients, and community members. Be an Outspoken and Active LGBTQ+ Ally Participate! It's critical to be an active ally if you want to promote the well-being of your LGBTQ+ team members. This entails being outspoken and taking part in public displays of support. This can involve everything from volunteering at an LGBTQ+-friendly group to marching in your local Pride parade. Actively supporting the LGBTQ+ community demonstrates your willingness to put words into action, and it may make LGBTQ+ employees feel more accepted. Pay attention to how you and others express yourself. It is crucial to use appropriate language. Using inclusive and respectful language is another method to actively encourage a healthier, more inclusive work environment. It's also critical to detect and respond to potentially offensive language used by others. In informal discussion, it's normal to make nasty remarks as a jest. If this happens, make it clear that this type of language is damaging and will not be tolerated in the future. These are more challenging talks to have, but they are necessary for creating a culture of mutual respect. Be Empathetic and Supportive Finally, show your support for LGBTQ+ colleagues by simply being yourself, even if you aren't perfect. Nobody expects you to have majored in LGBTQ+ Studies or understand what LGBTQ+QIAAP means, but it is expected of you to be respectful (after all, we're still at work) and demonstrate that you care even if you aren't an expert. While it is important to make workplace a safe environment for all, the inclusiveness should not be limited to workplaces only. Everyone must strive to make an impact. Here are a few things you can do to play your part well: Make no assumptions about people's gender identification or sexual orientation. Speak up against anti-LGBTQ+ harassment and discrimination, including homophobia, transphobia, and transphobia. Defend yourself against anti-gay slurs. Be encouraging to anyone who decides to come out. Participate in LGBTQ+ events. Read about LGBTQ+ concerns and LGBTQ+ students' rights, and discuss them. Button, sticker, or poster designs that are LGBTQ+-friendly should be worn or displayed. Conclusion For a variety of reasons, including major safety concerns and being pelted with bothersome inquiries by the uninformed, it's still tough for some LGBTQ+ people to come out at work. Even if a coworker is out to you, it does not necessarily mean they are out to everyone. Because it makes their life easier, they may choose not to notify specific people at work. Once you've found out who they are, you can ask them (in private) if everyone else knows. If not, be extremely cautious about how you speak to and about them at work so you don't accidentally out them. References https://www.whitehouse.gov/briefing-room/presidential-actions/2021/06/01/a-proclamation-on-lesbian-gay-bisexual-transgender-and-queer-pride-month-2021/ https://i-probono.com/articles/an-initiative-to-increase-legal-assistance-on-lgbt-issues/ https://www.legalmanagement.org/2020/july-august/features/5-ways-to-make-your-law-firm-more-inclusive-for-the-transgender-community https://www.themuse.com/advice/simple-ways-make-workplace-more-LGBTQ+-inclusive https://www.mckinsey.com/featured-insights/diversity-and-inclusion/how-the-LGBTQ+-plus-community-fares-in-the-workplace
- Motions in Limine - Streamlining Evidence for Trials
Introduction Litigation permits people to resolve conflicts they couldn't resolve independently. The parties involved in a disagreement are frequently so emotionally immersed in their disagreement that it is difficult for them to look at it objectively. Neither side is willing to bend because they believe they have been mistreated. While litigation is a complicated process, motions in limine, when used effectively, are formidable tools in a trial lawyer's inventory. Trials can be won and lost before your trial even begins! How? Let’s have a deeper look at it. What is a Motion in Limine? A Motion in Limine is a motion filed by one of the parties in a lawsuit asking the court for an order or judgment limiting or prohibiting the other side from presenting particular evidence at the trial of the case. This motion is usually filed prior to the trial, although the court can also hear it during the trial before the evidence in question is presented. The goal of this motion is to keep matters that are irrelevant, inadmissible, or detrimental from being brought up. Why is a Motion in Limine passed? The reasons for the motions are numerous, but the most common application of a move in limine in a criminal trial is to keep the jury away from facts about the defendant that could be unfairly detrimental to the defendant if heard at trial. In other circumstances, an attorney may request a move in limine because the evidence does not follow the Federal Requirements of Civil Procedure or the discovery rules. The inclusion or deletion of evidence can be the subject of a motion in limine actions. Other appropriate topics for motions in limine arise from the court's authority to "Provide for the orderly conduct of processes before it" and “control its process and orders so that they comply to law and justice.” Usually, when evidence is presented at trial, the majority of objections to its admissibility are raised. As a result, the jury normally hears the question and the witness' answer before hearing the other lawyer explain this information in his opening statement. The purpose of filing these motions ahead of time is to prevent the other side from presenting evidence to the jury. Once The Proof Is Shown, It Cannot Be Put Back In For example, past criminal convictions are not admissible in most jurisdictions unless they were felony offenses within the recent ten years. If a motion in limine is not filed and granted before trial, and the defense lawyer inquiries about the conviction history, the jury will be aware that the plaintiff has a criminal history. The court can uphold an objection to the statement being entered into evidence and advise the jury to disregard the question, but humans are incapable of truly ignoring such evidence. As a result, the plaintiff's lawyer will wish to submit a petition in limine to prohibit the other party from even raising the issue at trial. Sometimes, the evidence sought to be excluded by a motion in limine might otherwise be admissible in court but would be so damaging to the opposing party due to its content that it should be excluded. Two types of motions in limine Prohibitive-absolute motion This motion in limine asks the judge for a preliminary ruling that the evidence in question is inadmissible. Counsel will have to show that the evidence would unduly influence the jury and is irrelevant to the case. Prohibitive-preliminary motion This is a protective motion in limine that requests that the evidence in question be addressed only after the counsel desiring to give the evidence informs the court of his or her intention to present the evidence outside of the jury's presence. In some situations, a judge will defer a decision on the motion until the trial has progressed to the point where he or she can fairly assess the evidence's value. If the judge believes the evidence is irrelevant, confusing, misleading, unduly prejudiced, not probative, or has the potential to cause delays disproportionate to its importance to the case, the court would typically declare it inadmissible before the trial. Before the trial, a judge will either grant or deny the motion. In some situations, a judge will defer a decision on the motion until the trial has progressed to the point where he or she can fairly assess the evidence's value. Rules and procedures regarding Motion in Limine Federal Evidence Rule 402 states that irrelevant evidence is not admissible. Evidence is relevant only if it tends to make a fact more or less probable than it would be without the evidence, and that fact is consequential in deciding the lawsuit. Federal Evidence Rule 403 states that "the court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence." Your argument in support of (or against) a motion in limine should focus on these factors. Many states, including Virginia, have evidence rules that track the Federal Rules of Evidence. For example, the Virginia Rule of Evidence 2:402 states that all relevant evidence is admissible except as otherwise provided by the U.S. Constitution, the Virginia Constitution, the Rules of the Supreme Court of Virginia, or other evidentiary principles. Evidence that is not relevant is not admissible. And Virginia Rule of Evidence 2:403 states that the court may exclude relevant evidence if "the probative value of the evidence is substantially outweighed by (i) the danger of unfair prejudice, or (ii) its likelihood of confusing or misleading the trier of fact" or if "the evidence is needlessly cumulative." As a Plaintiff, Is There Any Advantage to Filing a Motion in Limine? A clever motion in limine can keep opposing counsel from providing the material that could unduly affect the jury. Typically, the ruling will be written in such a way that the opposing counsel will be unable to defeat the motion. As a result of this judgment, the opposition is effectively barred from asking any questions about the evidence in question. If the request is granted, the evidence specified in the motion cannot be used in any way during the trial. If the judge agrees to reserve judgment on the motion until the trial has progressed to the point where the court can fairly measure its worth, the motion also forbids counsel from mentioning the evidence. Effectively, counsel cannot mention the evidence if the judge approves the motion in limine or decides to wait to accept or deny the motion. Before the trial, a lawyer can use a motion in limine to counter the opposition's argument. If the relevance of a piece of evidence is debatable, but the potential impact on a case is significant, the lawyer may file a motion in limine to prevent the evidence from being used in court. The opposing lawyer will then have to convince the judge that the evidence is crucial to the case, which might provide significant insight into the opposition's legal strategy. During a trial, motions in limine can be more powerful than objections. The jury and the judge are frequently irritated by repeated objections, and even when a court upholds an objection, the mere mention of the evidence in question can be enough to sway the jury. Drawbacks of Filing a Motion in Limine There is usually no disadvantage to submitting motions in limine to exclude specific evidence from the trial if you support them with legal and factual grounds. And only as long as the evidence is relevant. Your written motion in limine should specify the evidence you want the court to disregard and explain why in one to brief paragraphs. Attempting to exclude evidence in limine has three significant flaws. A motion in limine, for starters, indicates which evidence most worries you. The insurer can then utilize this data to design a trial strategy. As a result, all parties are aware of the issues, and there will be minimal surprises. Second, winning a motion in limine might lead to complacency when it comes to trial preparation. And it's possible that your complacency is causing you harm. The court's decision on a motion in limine is only temporary. It can – and frequently does – change after the judge has a better understanding of how the evidence in question fits into the overall trial. You must be prepared for the possibility that the court will accept previously denied evidence. And make sure you have adequate leeway in your case presentation to address that evidence. Third, overwhelming the judge with pre-trial motions (such as motions to compel, dispositive motions, and motions in limine) might aggravate the judge. This annoyance may cause the judge to lose patience and rule against you in tight calls. The legal pleadings you file have an impact on your credibility. If the court feels you are only trying to exclude evidence when you have a reasonable, well-reasoned position rather than trying to exclude evidence that is almost typically allowed, the court is more likely to accept your applications. Only bring a motion in limine to court if the evidence and issue are important. Conclusion Motions in limine are intended to control the entry of evidence at trial or other aspects of the procedures before the jury. They are not intended to take the place of conclusive motions like summary judgment or judgment on the pleadings. Nonetheless, litigants, particularly defendants, have been increasingly using motions in limine for this reason. A motion in limine, which means "on the threshold" in Latin, is a request made to the court before a trial to have evidence excluded from the proceedings. Motions in limine should be a vital part of your trial preparation approach. Success on these motions will help you a lot when it comes to building a favourable record in front of the jury. In many cases, a satisfactory settlement before trial can be facilitated by success on critical motions in limine. Consult with legal counsel who is knowledgeable and familiar with your court and judge if you are unsure whether or how to frame motions in limine favourably as you approach trial. References https://www.americanbar.org/groups/litigation/committees/trial-practice/articles/2019/winter2019-motions-in-limine/ https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1435555 https://www.jstor.org/stable/29759981 https://uk.practicallaw.thomsonreuters.com/w-028-7666?originationContext=knowHow&transitionType=KnowHowItem&contextData=(sc.RelatedInfo)&firstPage=true https://millerlawpc.com/obtaining-upper-hand-motions-limine/ https://www.plaintiffmagazine.com/images/issues/2011/07-july/reprints/Ritchie_Motions-in-limine-misused-and-abused_Plaintiff-magazine.pdf https://cpollardlaw.com/rules-of-evidence/motions-in-limine/
- Is your patent expiring? Here's how to calculate patent expiration dates!
Every government has a duty to encourage innovations that are unique and useful to the society. Building a mechanism that ensures product credibility is one of the reasons why we need patent law. The patent law, however, requires that a patent application explain the invention to someone who is not already familiar with the invention. Here is a list of best patent drafting practices, to be kept in mind. Patents give an inventor the right to exclude others from making, selling or using the invention and in lieu, the inventor discloses the invention to the world – so that the world advances its collective knowledge. Yet – the exclusivity granted to the inventor may also cause hindrance to the society and imbalance in economies – which is why patent rights come with an expiration date. Once a patent expires, the invention falls into “public domain” which means it can be practiced by anyone without owing royalties to the patent owner. Knowing when a patent will expire sounds like it would be as easy as just opening the patent and looking at the bibliographic data on the patent. In practice however, due to how intellectual property law has continued to evolve around the world, calculating patent expiration dates is a murkier business and often requires legal analysis. In this article we take a look at how patent expiration dates are typically calculated in the major IP centers of the world: UNITED STATES In the United States the expiry date for utility patents is 20 years from the filing date, or from the date of the earliest related non-provisional application. This resulted from a change in the patent law in June 1995, when prior to this time, the expiry date was 17 years from the issue date or 20 years from the filing date, whichever came later. So a patent that has a filing date of 20 July 2000 but has a continuation in part filed on 23 November 1997, which also has a continuation in part filed on 16 September 1996, will have the expiry date on 15 September 2016 and not 19 July 2020, as the earliest filing date is taken into consideration. For design patents the term is shorter – As of May 13, 2015 the term is 15 years from the date of issuance. This may seem like the most straight forward process, but in cases where there are multiple divisions or continuations-in-part, especially which have spanned for more than 20 years, it becomes particularly deceptive. Let’s take an example patent application, understanding how it advances from the first application date to its expiration. A provisional application X is filed on June 13, 1998 A non-provisional patent application P1 is filed on June 12, 1999. Expiry date of P1 - June 11, 2019 A continuation application P2 is filed on May 10, 2000, adding new claims. Expiry date of P2 - June 11, 2019 A divisional is filed on September 2, 2001, segregating P2 into 2 parts (say P2A and P2B). Expiry date of P2A and P2B - June 11, 2019 A continuation-in-parts P3 is filed on December 3, 2002 to P2A. If this addition to P2A is non-obvious and unrelated to the parent application P2A, the expiration date of claims covering the additions would require to be re-adjusted according to the recent filing date. Expiry date of P3 “new subject matter” claims - December 2, 2022 However, if the change was insignificant or just an extension of the original application, the expiry date would remain unchanged. Expiry date of P3 “inherited subject matter” claims - June 11, 2019 It is important to note that for a continuation-in-parts (CIP) application, claims to subject matter also disclosed in the parent application are entitled to the parent’s priority date, while claims to the additional subject matter are only entitled to the filing date of the CIP application. A patent's term is shortened if it duplicates the claims of another patent which expires sooner. This process is called terminal disclaimer. If the applicant is required to file, and does file, a terminal disclaimer in the later filed patent, then the later filed patent will expire at the same time as the formerly filed patent, the extra term having been disclaimed. There are instances when the United States Patent and Trademark Office (USPTO) fails to examine a patent application in time. In such cases, the patent term may be extended. However, if there are extensions or delays found on the applicant’s part, it can cause the extension to be reduced or eliminated. Further, if a granted patent is reissued (for example, the inventor wishes to correct errors in a granted patent) or reexamined, the reissued patent expires on the day the original patent would have ordinarily expired. EUROPE The European Patent Convention requires all jurisdictions to give a European patent a term of 20 years from the actual date of filing the application, or the date of filing an international application under the PCT designating the EPO. The actual date of filing doesn’t necessarily have to be the earliest priority date; it can be up to a year after it. Although the term of a granted European patent may be extended under national law if it provides term extension to compensate for pre-marketing regulatory approval. For EEA member states this is by means of a supplementary protection certificate. GERMANY There are 4 different routes to obtain a patent in Germany: Direct filing of a national patent application with the GPTO (German Patent and Trademark Office). Filing a European patent application. Filing an international application under the Patent Cooperation Treaty. EURO-PCT route. A German patent has a term of 20 years, whereas for a utility model, the maximum protection period is 10 years. After the priority date is filed, the window for filing a patent application in Germany is 12 months. The certified German translation for an application filed in French or English, must be provided within 12 months from filing the application, or 15 months from the earliest priority date. FRANCE The French law determines 2 different types of protection for technical invention – One is for the patent of invention, the other one being utility certificate. A patent is granted for a duration of 20 years with a search report, whereas in the case of a utility certificate, its 6 years without a search report. In order to obtain a patent of invention, the inventor has to first request an establishment of the research paper, and pay the required fee at the filing of the application. The search report is issued together with a written opinion from the Examiner relating to the validity of the claims. To keep the patent protection in force, the applicant has to pay a renewal fees at the end of the anniversary month of the filing. GREAT BRITAIN In the Great Britain, the expiry date for a patent is the day preceding the 20th anniversary of the filing date. Thus a patent filed on November 21, 1995, shall have an expiry date of November 20, 2015. Although the term of a patent is not extendable beyond the 20 year period, exceptions are observed for a medical product or a plant protection product, which may be protected for an additional period of 5 years from the expiry date of a patent, at the end of the 20 year term. In order to implement the grant, a supplementary protection certificate is required. After the end of the fourth year from the date of filing, renewal fees must be paid for each succeeding year. In case of any overdue, the patent shall cease to have effect at the end of such day, in the final month of that period, as may be prescribed. DENMARK In Denmark, the term for filing patent application under Paris convention is 12 months from the date of priority. Priority can be claimed within three months of filing and a certified copy of the priority document must be filed within 16 months of the priority date. The patent is provided protection for 20 years from submission date, however in the case of pharmaceutical patents, the maximum term is 15 years (since 02.01.1993). Under the European Patent Convention, a European patent application is granted preliminary protection in Denmark from the date of publication. However, this only comes into effect after if a translation of the claims is provided and filed in the Danish Patent Office within 20 months of the International filing date. CHINA The patent law of the People’s Republic of China was enforced on 12 March 1984, following its amendments on 4 September 1992 and 25 August 2002. Patents in China are granted by the State Intellectual Property Office (SIPO). Invention patents are substantively examined, while utility model patents are subject only to a formal examination. Invention patents are enforceable for up to 20 years from the application date whereas for utility models and designs, its 10 years from the application date. JAPAN The Japanese patent law follows the first-to-file (FTF) principle and is given force by the patent act of Japan. First to file (FTF) and first to invent (FTI) are legal concepts that define who has the right to the grant of a patent for an invention. The Japanese patent law, allying to other countries, too had its series of amendments. Prior to 1 July 1995, the term of a Japanese patent was 15 years from the date of examined publication but not in excess of 20 years from the filing date". On 1 July 1995, the law for the patent term was changed to 20 years from the filing date (which also applied to patents already in force on 1 July 1995). For utility patents before 1994 the term for the patent was 10 years from the date of examined publication, not exceeding 15 years from the filing date. In 1994, it was reduced to six years from the application date. However on 1 April 2005, the term got restored back to 10 years from the date of application. SOUTH KOREA For South Korea, the Korean intellectual property office is responsible for all matters related to patents, utility models and industrial designs. Utility patents which are rather referred to as innovative or minor patents, are valid for ten years, whereas invention patents which are regarded more advanced in terms of research and the work put on it, are given a protection for 20 years. Industrial designs which come under the design act, the law confers protection for a maximum of 15 years. CANADA The legal system regulating the granting of patents for inventions within Canada, and their enforcement, is governed by the Canadian patent law. For patent applications filed prior to October 1, 1989, the patent expiration date is 17 years from the date of issuing. However, for patents that did not expire before July 12, 2001, the term is 17 years from the issued date or 20 years from the filing date, whichever comes later. The patent applications filed on or after October 1, 1989, have an expiration date 20 years after the date of filing of the application. AUSTRALIA Much like the rest of the world, when it comes to patent law, Australia too operates on a first-to-file system. The patent act 1990 (Cth), provided that the term for a standard patent is 20 years. An innovative patent, which has a lower threshold of effectiveness, is granted a maximum term of 8 years, although it has a faster approval process and lower fees. INDIA In India, the term of the patent is 20 years from the date of filing, regardless of whether it is filed with provisional or complete specification. The Indian patent law which exists today is a development of 3 important amendments. The patents (amendment) act, 1999 brought two significant changes: The first being the Exclusive Markets rights, which means the right to sell or distribute the article or substance covered in a patent or patent application in the country. The second was the mailbox facility, under which, applications for pharmaceutical and agro-chemical product patents were accepted during the ten-year transition period, and a filing date was assigned to each. This was a substantial step as at that time as pharmaceuticals did not qualify for a product patent; they were covered under the category of process patents. The 20-year term was introduced by the Patents (Amendment) Act 2002, which wasn’t brought into effect until May 20, 2003. Prior to this date, the term of a product patent was 14 years from the date of filing, whereas for a process patent it was 5 years from the date of sealing or 7 years from the date of filing, whichever was earlier. The third amendment in 2005 was the most significant one, as it brought the act in complete compliance with the TRIPS agreement and commenced India as a product patents regime, where earlier process patents ruled the day, especially in India's pharmaceutical industry. Disclaimer: This article and its substance is not a legal opinion and should not be considered legal advice. Copperpod IP encourages readers to seek legal opinion from a practicing patent attorney (or ask us to recommend one!) for calculating patent expiration dates on a case-by-case basis. Copperpod provides portfolio analysis services that help clients to make strategic decisions such as In-licensing/Out-Licensing of patents, new R&D investments, or pruning out less critical patents. Our qualified and dedicated team of patent engineers provides strength parameters for each patent in a portfolio based on their technical quality, enforceability, offensive/defensive strengths & business value. Please contact us at info@copperpodip.com to know more about our services. Also, read our article, "Patent Expiration Date - Understanding Delays and Adjustments"
- Has Elon Musk Freed the Blue Bird (Twitter)?
In recent years, Twitter has struggled with slow user growth and a slew of high-profile incidents. With all of the recent attention on censorship and fake news, Musk saw a once-in-a-lifetime chance. It all began on April 5, when Twitter CEO Parag Agrawal announced that Tesla founder Elon Musk would join the business's board of directors — until Musk chose not to join and instead purchased Twitter! For the uninitiated, the words "Elon" and "Elon Musk" were trending on Twitter in April - not because the world's richest and most-followed businessman had generated a stir with his futuristic firms, but because he'd revealed a significant stake in Twitter Inc. Twitter has accepted Musk's $44 billion buyout bid as of April 25. In the midst of all of this, Twitter is set to release its latest earnings report on Thursday morning, before the market opens. The company has no plans to hold a conference call to discuss the deal's specifics — or the financial results — but they will provide investors with an update on the state of the company Musk is purchasing. The Prediction Musk is the richest man on the planet, but he's also financially strapped for a billionaire, so he'd have to cash out shares in Tesla and SpaceX, the two firms he's nominally running, while whipping us all into a frenzy over his entirely unneeded plans to purchase Twitter and remake it in his image. Meanwhile, Twitter is preparing a poison pill defence to counter Musk's advances, which would allow existing shareholders to acquire more stock at extremely low prices, effectively diluting the company's shares and driving up the price of his bid. Shareholders will get $54.20 per share, a 38% premium to the company's April 1 closing stock price. The agreement should be finalised by the end of the year. When did this begin? Mr. Musk has been the world's wealthiest individual since January 2021, with a net worth of over $257 billion as of Tuesday. In which he owns a 21% share, Tesla is the source of the majority of his fortune. Mr Musk is the co-founder of neurotechnology venture Neuralink and artificial intelligence business OpenAI and the CEO of electric automobile giant Tesla, the aerospace company SpaceX, and infrastructure company The Boring Company. Musk announced on April 4 that he had purchased 9.1% of the Twitter stock, making him the company's largest stakeholder at the time. He was offered a position on the company's board of directors, but he declined. Musk began secretly increasing his ownership in the company on January 31, well before his public revelation. It's unclear if the Tesla entrepreneur had any plans to buy Twitter outright at the time. Musk then made a surprise offer on April 14 to buy 100% of Twitter for $43 billion. Twitter Patent Portfolio: Top Technology Domains The majority of Twitter's revenue comes from third-party advertising, such as Promoted Tweets, Promoted Accounts, and Promoted Trends. But it also comes from a wide array of technology licensing and patents. The technology domains it is most active in are related to computers, digital communication and management methods, given the nature of the brand and its activities. Twitter is also trying its luck in entering different arenas one step at a time! Top Countries Headquartered in San Francisco, California, Twitter has always been the talk of the town in the USA, evident from the number of patent filings. According to a survey, the US accounts for 76.9 million users, which is the highest among all countries. Other countries are way behind because the user-base or trend of twitter in these countries is far less than what it is in the US. Who Will Run Twitter? Both CEO Parag Agrawal and Chairman Bret Taylor were quoted in the announcement, meaning they'll continue to lead the company for the time being. Musk has often posted his discontent with Twitter's board of directors and how the company has been governed in recent weeks. Management changes are customary when a company is bought. However, because Musk is already the CEO of Tesla and SpaceX, his ability to take on another hands-on leadership role may be constrained. The dissatisfaction of Elon Musk Musk has spoken openly about his intentions to turn the site into a safe haven for uncensored online expression, and he has complained that the service is too strict in its moderation of user tweets. He's also proposed turning the company's headquarters into a homeless shelter, banning advertisements for paid users, and beefing up the platform's authentication procedures. "I hope that even my harshest critics remain on Twitter because that is what free expression means," he tweeted only hours before the deal was disclosed. Will Trump make a comeback? The short answer is that it's far too early to say. In a piece published Monday on Fox, Trump stated that even if he were allowed back onto the site, he would not return and instead utilise his own Truth Social app. But it's difficult to imagine the former president, who is clearly addicted to Twitter, declining to utilise it if given the chance. The real question is whether Twitter, now that Musk owns it, will overturn its decision to ban him. Musk has made it quite obvious where he intends to take the platform in terms of free expression. Effect on the Crypto World! Elon Musk's tweets have previously been known to shake the crypto world and influence prices, particularly Bitcoin, Dogecoin, and Shiba Inu. Now that he essentially owns Twitter, he will have even more clout on the internet than he already did. Twitter might become a monopoly, influencing the crypto markets depending on the coins it supports and the advertisements it chooses to broadcast. He can help to solve some of the world's biggest communication problems by resurrecting Twitter and making it the communication powerhouse it has the potential to be. In any event, this should be intriguing going ahead, and Musk's influence as a Twitter shareholder may assist speed bitcoin acceptance in the best-case scenario. What will be the fate of Twitter? Corporate takeovers are complex, especially when they are as large as Twitter's. Mr. Musk acquired $46.5 billion in financing to take Twitter private, which was enough to persuade the company's board to meet with him at the bargaining table. Mr. Musk, on the other hand, is "making an approximately $21 billion equity commitment," according to Twitter. We have no idea where the rest of the funds will come from. Now that the acquisition has become friendly, private equity companies, who traditionally eschew hostile takeovers, may join in. Existing shareholders may be able to transfer their shares to the new private firm. Twitter's shares will be delisted and the company will be taken private as part of the takeover, which is scheduled to close later this year. Musk claims that this will allow him to make the changes he wants to the company. He has proposed, among other things, enabling longer posts and allowing users to amend them after they have been published. Following the announcement of the acquisition, Twitter's stock rose more than 5% on Monday. However, it remained below Mr. Musk's $54.20 per share bid, indicating that Wall Street believes he is overpaying for the company. Conclusion Musk has stated that he is unconcerned about the purchase's finances. He will, however, be taking on a corporation with a shaky financial track record. Despite its popularity, Twitter has never made a profit, and user growth has stagnated, notably in the United States. The company, which was started in 2004, finished 2021 with $5 billion in revenue and 217 million daily users worldwide, far less than rival platforms such as Facebook. So, let's be honest, no one knows whether the best period of Twitter is about to begin, or whether this is the beginning of the death of the service.










