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  • How much Intellectual Property (IP) is there in a Toy?

    Intellectual property (IP) is of utmost importance in the toy industry, providing essential protection and incentives for manufacturers and creators. Patents safeguard innovative technologies, while trademarks protect brand identities, fostering consumer trust and recognition. Strong IP protection helps prevent counterfeiting, ensuring the integrity of genuine products. It also encourages investment in research and development, leading to a broader range of creative and engaging toys. Through licensing opportunities and international protection, IP rights enable toy companies to gain a competitive advantage in the global market. Overall, IP plays a pivotal role in promoting innovation, creativity, and market advantage within the toy industry. Barbie, the iconic fashion doll introduced by Mattel, Inc., serves as a prominent example of the significance of intellectual property in the toy industry. Throughout the years, Barbie has been protected by various forms of IP, contributing to its success and enduring popularity. The design of the Barbie doll, including its distinctive facial features, body proportions, and various accessories, is protected by design patents, preventing others from creating identical replicas. The Barbie name and logo are trademarked, ensuring that only genuine products can carry the trusted Barbie brand. Furthermore, copyrights safeguard the original content, such as promotional materials and advertising campaigns, associated with the Barbie franchise. TRADEMARKS in TOYS Trademarks play a significant role in the toy industry to protect brands, logos, or symbols associated with specific toys or toy companies. When a toy manufacturer creates a distinctive name, logo, or symbol for their products, they can seek trademark protection to prevent others from using similar marks that may cause confusion among consumers. Trademarks in toys can include: Brand Names: Toy companies often have unique brand names, such as "LEGO," "Barbie," or "Hot Wheels," which are protected trademarks. Logos: Colorful and eye-catching logos are common in the toy industry, representing a specific brand or product line. Product Names: Specific toy names, like "Monopoly," "Nerf," or "Play-Doh," can also be protected trademarks. Characters: Many toys feature recognizable characters, like "Mickey Mouse," "Superman," or "Pokémon," which are protected as trademarks. Packaging: The packaging of a toy, including box designs and distinctive graphics, can also be subject to trademark protection. Slogans: Memorable slogans or catchphrases associated with toys can be registered as trademarks. For example, the trademark for Barbie is owned by Mattel, Inc., and it has been registered in the United States since 1959. The trademark covers a wide range of goods and services, including dolls, clothing, accessories, games, and toys. Mattel has taken steps to protect its trademark by filing lawsuits against companies that have used the Barbie name or likeness without permission. In 2018, Mattel sued Rap Snacks, a company that had released a line of potato chips called "Barbie-Que Honey Truffle." Mattel argued that the use of the Barbie name and likeness on the chips was likely to cause confusion among consumers. The case was settled out of court, and Rap Snacks agreed to stop using the Barbie name and likeness on its products. COPYRIGHTS in TOYS Copyrights play a crucial role in protecting the creative expression found in toys, such as original designs, artwork, and other artistic elements. In the toy industry, various aspects can be eligible for copyright protection: Toy Designs: The unique design of a toy, including its shape, form, and physical appearance, may be eligible for copyright protection. Artwork and Graphics: Original illustrations, artwork, and graphics used in packaging, instruction manuals, or marketing materials for the toy can be protected by copyrights. Sculptures and Figurines: Three-dimensional sculptures and figurines that are original works of authorship may also be eligible for copyright protection. Music and Sound: If a toy includes original music or sound recordings, such as in interactive toys or musical instruments, these audio elements may be protected by copyrights. Storylines and Narratives: Toys that incorporate storytelling elements, such as board games with unique storylines or characters, may be eligible for copyright protection. Software and Apps: Interactive toys that utilize software or mobile applications may be eligible for copyright protection for the code and graphical user interfaces. For example, Mattel, Inc. owns the copyright for the artwork, music, and text associated with the Barbie brand. This copyright protects the creative content that is used to market and sell Barbie products. The copyright for the Barbie brand includes the following: The original artwork of the Barbie doll, including her physical features, clothing, and accessories. The music and lyrics of the Barbie theme song. The text of the Barbie books, magazines, and websites. The marketing materials for Barbie products, such as the packaging and advertising. TRADE SECRETS in TOYS Trade secrets in the toy industry refer to valuable and confidential information that gives a company a competitive advantage. In the context of toys, trade secrets can include various aspects: Manufacturing Processes: Unique and efficient manufacturing methods, techniques, and processes used to create toys can be considered trade secrets. Formulas and Recipes: Trade secrets may involve secret formulas or recipes for materials used in toys, such as special paints or coatings. Product Development: Information about ongoing research, product development, and upcoming toy designs can be a trade secret. Marketing Strategies: Proprietary marketing strategies and customer data used to target specific audiences and promote toys can be protected as trade secrets. Pricing and Costing Information: Sensitive pricing and costing data related to toys can be considered trade secrets. Supply Chain Information: Details about suppliers, distributors, and logistics involved in the toy production process can be kept as trade secrets. Mattel, Inc., the company that owns the Barbie brand, has a number of trade secrets related to the production and marketing of Barbie dolls. These trade secrets include: The specific formulas for the materials used to make Barbie dolls, such as the plastic, the hair, and the clothing. The manufacturing processes used to make Barbie dolls. The marketing strategies used to sell Barbie dolls. The customer data collected by Mattel about Barbie doll buyers. GEOGRAPHICAL INDICATION (GI) in TOYS Geographical indicators (GIs) in toys are indications used to identify and protect toys that originate from specific geographical regions known for their unique characteristics, quality, and reputation. GIs play a crucial role in safeguarding the traditional knowledge and cultural heritage associated with toy production in specific regions. Here are some examples of how geographical indicators are used in the toy industry: Identifying Origin: GIs help consumers recognize toys that are produced in specific geographical areas, ensuring that they are genuine and authentic products from those regions. Preserving Cultural Heritage: GIs protect the traditional craftsmanship and skills involved in toy production in specific regions, helping to preserve cultural heritage and local artisanal knowledge. Ensuring Quality Standards: Toys bearing geographical indicators are often associated with high-quality standards, as they are expected to meet specific criteria set by the region of origin. Promoting Local Economies: GIs contribute to the economic development of the regions associated with toy production by promoting local businesses and providing market recognition. Preventing Misuse: GIs prevent the unauthorized use of geographical names on toys produced outside the designated regions, ensuring fair competition and protecting consumers from misleading information. For example, Channapatna toys are a type of wooden toy that is made in the town of Channapatna in Karnataka, India. These toys are known for their intricate designs and bright colors. Matryoshka Dolls - Russia: A set of wooden dolls of decreasing size placed one inside the other, commonly known as Russian nesting dolls. Daruma Dolls - Japan: Traditional talisman dolls representing Bodhidharma, a Buddhist monk, symbolizing perseverance and good luck. PATENTS in TOYS The toy industry thrives on innovation, constantly introducing new and exciting products to captivate young minds. Behind every successful toy lies an array of patents that safeguard these groundbreaking ideas. Patents in the toy industry can cover various aspects of toy design, technology, and functionality. Some common areas where patents may be filed within the toy industry include: Toy Designs: Patents can be obtained for unique and novel toy designs, including the overall appearance and ornamental features of the toy. Mechanical Features: Patents can be filed for innovative mechanical features that enhance a toy's functionality or playability. Electronic Components: Toys that incorporate electronic components or technologies, such as interactive features, sensors, or audio-visual elements, may be eligible for patents. Game Mechanics: If a toy includes a novel game or play concept, it may be possible to patent the specific rules and mechanics of the game. Manufacturing Processes: Some toys are made using unique manufacturing processes or techniques, which could be patented to protect the method of production. Toy Safety Innovations: Patents can be obtained for safety features or improvements in toy design to ensure they meet specific safety standards. FUTURE of TOYS The global toy industry is expected to grow at a CAGR of 4.5% from 2023 to 2028. Artificial Intelligence and Robotics: Advancements in artificial intelligence and robotics could lead to the development of more sophisticated and interactive toys. AI-powered toys may have the ability to recognize and respond to a child's emotions, adapt to their preferences, and provide more immersive play experiences. Extended Reality (XR) Toys: The toy industry may see a rise in toys that combine virtual reality (VR), augmented reality (AR), and mixed reality (MR) technologies. XR toys could offer innovative ways for children to explore and interact with digital worlds and real-world environments. Internet of Things (IoT) Toys: IoT connectivity could be integrated into toys, enabling them to interact with other devices, access online content, and provide personalized experiences. This connectivity might also allow parents to monitor and manage their children's play experiences more effectively. Sustainability and Eco-Friendly Toys: As environmental consciousness grows, there might be an increased focus on sustainable and eco-friendly toy production. Manufacturers could use more recycled materials, reduce packaging waste, and create toys with a smaller environmental footprint. Educational Toys and Learning Platforms: With a continued emphasis on education and skill development, the toy industry may produce more toys that support STEAM (Science, Technology, Engineering, Arts, and Mathematics) learning and other educational objectives. Digital learning platforms could complement physical toys to enhance learning outcomes. References: https://blog.logomyway.com/barbie-logo/ https://247wallst.com/special-report/2019/03/05/the-most-popular-barbie-dolls-of-all-time/2/ https://www.packaging-gateway.com/news/barbie-features-dolls-iconic-packaging/ https://www.pngegg.com/en/png-wjvpf

  • Patent Term Extension (PTE): Driving Innovation Forward

    35 U.S. Code § 156 - Extension of Patent Term (a)The term of a patent which claims a product, a method of using a product, or a method of manufacturing a product shall be extended in accordance with this section from the original expiration date of the patent, which shall include any patent term adjustment granted under section 154(b), if— (1) the term of the patent has not expired before an application is submitted under subsection (d)(1) for its extension; (2) the term of the patent has never been extended under subsection (e)(1) of this section; (3) an application for extension is submitted by the owner of record of the patent or its agent and in accordance with the requirements of paragraphs (1) through (4) of subsection (d); (4) the product has been subject to a regulatory review period before its commercial marketing or use; Introduction Drug development is a labor-intensive procedure that takes a long time to complete. The testing of New Chemical Entities (NCEs) through pre-clinical and clinical trials to demonstrate their safety and efficacy in treating a disease is monitored and governed by a drug regulatory authority, such as the US Food and Drug Administration (FDA) or the Central Drugs Standard Control Organization (CDSCO) in India. Numerous NCEs fail at some point, making all the money and work useless. Each NCE has received investments in the billions of dollars range. The process of turning approved 'Drugs' from NCEs into commercially viable products normally takes 10 to 15 years. Only 2% of candidates really make it to the pharmacist's desk after going through the entire process. Therefore, in this challenging circumstance, the 20 years of patent protection afforded to pharmaceutical items are insufficient to recoup the significant investment invested in the product's R&D. To maintain their monopoly over the drug product, pharmaceutical companies typically ask for an extension of legal protection. Legal Provisions of Patent Term Extensions in the US Under the 1984 Drug Price Competition and Patent Restoration Act, commonly referred to as the Hatch-Waxman Act (The Act), patent term extension (PTE) is permissible. The Act permits the extension of the life of a patent covering a good or service that needs to have regulatory permission before being sold, as well as a method of using or producing the good or service. Pharmaceuticals for humans and animals, food additives, color additives, and medical gadgets are some examples of these items. PTE seeks to reinstate the time lost by the patent holder while waiting for regulatory approval of the product. The U.S. Patent and Trademark Office (USPTO), in cooperation with the regulatory body in charge of the product's approval, decides if PTE should be granted. Reasons for Patent Term Extensions Pharmaceutical businesses need more time to recuperate their R&D expenditures, which is the major goal of patent term extensions for these products. The prolonged patent term can help to ensure that businesses can realize a return on their investment because the process of creating a new treatment can be time-consuming, costly, and involve significant testing and clinical trials. By enabling businesses to invest in the creation of new medications with the assurance that they would have more time to enjoy exclusive marketing rights, patent term extensions can also serve as a motivator for pharmaceutical innovation. This may encourage businesses to invest in research and development in potentially dangerous or undervalued fields, such as neglected or uncommon diseases that affect underdeveloped nations. Additionally, by guaranteeing that innovative drugs are accessible for longer periods of time and possibly resulting in better health outcomes, patent term extensions can also help patients. Pharma companies may have more funds to spend on additional research and development if the patent duration is extended, which could result in the identification of novel medicines and cures. Requirements for PTE In order to be eligible for PTE, a pharmaceutical product must meet the following requirements: The product must be subject to regulatory review by the Food and Drug Administration (FDA) The product must have been approved for marketing by the FDA The product must have been subject to a lengthy regulatory review process Calculating PTE The amount of patent term extension (PTE) that is awarded is based on the amount of time that the product was subject to regulatory review. The maximum amount of PTE that can be awarded is five years. To calculate PTE, you will need to know the following information: The date that the product was first submitted to the FDA for regulatory review The date that the product was approved for marketing by the FDA The number of days that the product was subject to regulatory review The formula for Calculating PTE PTE = (Number of days in regulatory review) / (240 days/year) * 5 years For example, if a product was first submitted to the FDA for regulatory review on January 1, 2020, and was approved for marketing on December 31, 2023, the amount of PTE that would be awarded would be as follows: PTE = (2,191 days) / (240 days/year) * 5 years = 4.4 years It is important to note that the amount of PTE that is awarded can be reduced if the product was subject to a shortened regulatory review process. The USPTO has a number of factors that it considers when determining whether a product was subject to a shortened regulatory review process. These factors include the following: The nature of the product The complexity of the regulatory review process The availability of information about the product Procedure for Applying for PTE A patent owner can apply for PTE by filing a petition with the United States Patent and Trademark Office (USPTO). The petition must include the following information: The patent number for the product The FDA approval date for the product The date that the product was first submitted to the FDA for regulatory review The USPTO will review the petition and make a decision on whether to grant PTE. The decision will be based on the information that is submitted in the petition and the requirements for PTE. If PTE is granted, the patent term for the product will be extended by the amount of time that was awarded. This extension will allow the patent owner to market the product for an additional period of time before generic versions of the product can be marketed. Factors Affecting New Medicine R&D Cost The drivers of research and development (R&D) costs for new medicines in the United States can be complex and multifaceted. Some of the key drivers include: Clinical Trials: The price of carrying out clinical trials may contribute significantly to R&D expenses. Clinical trials can involve thousands of patients over the course of several years and involve intensive testing to make sure a new medicine is safe and effective. Regulations: The approval process for new pharmaceuticals can be time-consuming and expensive. In order to comply with regulatory standards, pharmaceutical companies may be required to conduct additional studies or trials or to submit detailed data to regulatory organizations like the FDA. Discovery and Development: Finding novel drugs and developing them can be a time-consuming and expensive process. Finding a new medication candidate can take many years of study and testing and developing it into a marketable product can take even longer. Protection of Intellectual Property: For pharmaceutical businesses, obtaining and maintaining intellectual property rights, such as patents, can be expensive. With the help of these rights, businesses may be given an exclusive window of time to recuperate their R&D expenditures. Manufacturing and Distribution: Costs associated with production and distribution might be high after a new treatment has been given the go-ahead. Depending on the manufacturing process' complexity and the size of the patient base, a new drug's production and distribution costs can change. Alternatives to Patent Term Extensions There are several alternative approaches that can be used to help recover research and development (R&D) costs of drugs without extending patent terms, such as: Government Funding: Governments can provide funding to support the development of new drugs. This funding can come in the form of grants, loans, tax credits, or other incentives. By providing funding to support R&D, governments can help to reduce the financial risk and uncertainty associated with drug development. Price Negotiation: Governments or insurance companies can negotiate prices directly with pharmaceutical companies to reduce the cost of drugs. By leveraging their bargaining power, governments can secure lower prices for drugs, making them more affordable for patients and reducing the burden on healthcare systems. Cost-Sharing: Pharmaceutical companies can share the cost of drug development with other stakeholders, such as academic institutions or non-profit organizations. This can help to reduce the financial burden on the company, while still allowing them to benefit from the commercialization of the drug. Open Innovation: Pharmaceutical companies can collaborate with other companies or academic institutions to share the cost of drug development. By pooling their resources and expertise, companies can reduce the cost of drug development and bring new drugs to market more quickly. Market Exclusivity: In some cases, market exclusivity or other forms of regulatory protection can be used to incentivize drug development without extending patent terms. For example, the Orphan Drug Act provides incentives for companies to develop drugs for rare diseases, including market exclusivity for a limited period of time. Non-Patent Exclusivities In the United States, there are several types of non-patent exclusivities that can provide pharmaceutical companies with market exclusivity for their products. These exclusivities are designed to provide incentives for pharmaceutical innovation, particularly in areas where there may be limited commercial potential. Types of Non-Patent Exclusivities in the US New Chemical Entity Exclusivity: This provides a period of exclusivity for drugs that contain a new chemical entity (NCE). The exclusivity period is five years, during which time the FDA cannot approve any other drug that contains the same active ingredient. Orphan Drug Exclusivity: This provides a period of exclusivity for drugs that are developed to treat rare diseases or conditions. The exclusivity period is seven years, during which time the FDA cannot approve any other drug for the same indication. Pediatric Exclusivity: This provides a period of exclusivity for drugs that are studied and approved for use in pediatric populations. The exclusivity period is six months and is added to the end of any existing patent or exclusivity period. Biosimilar Exclusivity: This provides a period of exclusivity for biosimilar drugs that are approved under the Biologics Price Competition and Innovation Act (BPCIA). The exclusivity period is 12 years, during which time the FDA cannot approve any other biosimilar drug for the same reference product. Abbreviated New Drug Application: This provides a period of exclusivity of 180 days to the generic competitor who first submits and maintains an ANDA (Abbreviated New Drug Application) with Paragraph IV certification, which calls for the applicant to demonstrate either that he won't be violating the innovator's patent or that the innovator's patent is invalid or unenforceable. New Clinical Study Exclusivity: Three years of exclusivity for new clinical study submissions for "reports of new clinical investigations (other than bioavailability studies) essential to the approval of the application [or the supplemental application] and conducted or sponsored by the applicant" are granted. For instance, while preparing a drug that has already received approval, changes to the drug's administration method, drug delivery system, dosing schedule, or modification with an ester or salt won't have an impact on the drug's pharmacological effects. The period of exclusivity would begin on the day the same drug's NDA was approved. This application for the active ingredient has already received approval. For products that have been designated as Qualified Infectious Disease Products (QIDP) under the Generating Antibiotics Incentives Now (GAIN) Act, an additional five years are allowed if the antibiotics are used to treat a serious ailment. Conclusion The question of whether patent term extensions are necessary to ensure that pharmaceutical companies have sufficient time to recoup their research and development (R&D) costs is a matter of debate. On one hand, patent term extensions can provide additional time for pharmaceutical companies to earn revenue from their products, which can help to offset the high R&D costs associated with drug development. This revenue can also be used to fund future R&D efforts, enabling companies to continue to develop new and innovative drugs. On the other hand, critics of patent term extensions argue that they can lead to higher drug prices and reduced competition, as companies are able to maintain a monopoly on the market for a longer period of time. This can limit patient access to affordable medications and reduce the incentives for innovation in the pharmaceutical industry. There are also alternative approaches that can be used to help recover the R&D costs of drugs without extending patent terms, such as government funding, price negotiation, cost-sharing, open innovation, and market exclusivity. Overall, the question of whether patent term extensions are necessary to ensure that pharmaceutical companies have sufficient time to recoup their R&D costs is complex and depends on a variety of factors, including the specific drug and disease area, the cost of development, and the level of competition in the market. References https://www.sternekessler.com/news-insights/publications/patent-term-extension https://www.princeton.edu/~ota/disk3/1981/8119/811906.PDF https://www.khuranaandkhurana.com/2017/01/11/india-do-we-need-patent-term-extension-and-non-patent-exclusivities-for-pharmaceuticals/#:~:text=So%2C%20the%20pharma%20companies%20usually,of%20the%20region%20or%20country https://www.frontiersin.org/articles/10.3389/fmed.2021.760762/full https://www.sciencedirect.com/science/article/abs/pii/S0164070423000198

  • WPA3: Next-Gen Security for Next-Gen Internet of Things

    In the present technological era, information plays a vital role and is a critical asset that should be protected. Cryptography has always been the first choice for the security solution to protect information. It is a technique for changing over plaintext into some code, known as ciphertext, which the third party can’t decrypt easily. The cryptographic information is secure, however, the decryption of data at the destination end, the complete integrity of the data and the availability of the data when needed are three vital aspects of cryptography. In view of these three aspects a few methods, protocols and security standards should be followed to protect the information over the Wi-Fi. In wireless communication, information communicated wirelessly needs more protection as it can be interrupted effortlessly. The security standards for wireless communication have been set up by Wi-Fi Alliance and all Wi-Fi routers need to follow these standards. In January 2018, Wi-Fi Alliance announced the release of WPA3 (Wi-Fi Protected Access) security protocol as a substitution for WPA2. Many routers provide WEP, WPA2-PSK (TKIP), WPA2-PSK (AES), and WPA2-PSK (TKIP/AES) as options for Wi-Fi security. At whatever point we connect to a Wi-Fi network at home with the correct password, it protects the network by utilizing one of the Wi-Fi security options available. All these Wi-Fi Security standards are discussed here with the intent to gain insight and how they have advanced over the period for better privacy of the Wi-Fi network. What is WEP (Wired Equivalent Privacy)? The primary security standard developed by Wi-Fi Alliance was WEP (Wired Equivalent Privacy) as a privacy component of the IEEE 802.11b standard in 1997. It is designed to provide a level of security equal to Local Area Network (LAN) physical security components, so the name wired equivalent privacy. According to the WEP protocol, data is transmitted by radio waves which are not limited by the walls. It tries to give the same level of security utilizing data encryption algorithms. WEP provides a method of getting cipher (encrypted) text by XORing plain text with keystream generated using an RC4 (Rivest Cipher) stream cipher. The stream cipher is a symmetric key algorithm for performing encryption or decryption where plaintext digits are combined with a pseudorandom keystream. The keystream is generated by concatenating key (generally a password used to connect the Wi-Fi) of 40 bits and 24 bits (Initialization Vector) IV, a pseudorandom random key, to make it 64- bit WEP. The key length can vary from 40 bits to 232 bits but IV has only 24 bits length. Due to the smaller length of IV, it will eventually repeat its values and once a repeat happens it becomes easy to figure out what the message is being transferred over the network. Data integrity is an important feature that ensures the correct information is being received at the receiver end. It is done with CRC-32 (Cyclic Redundancy Check) error detecting code. It expands the message without adding any information to it and the algorithm is based on cyclic codes to check the data. Two Methods of Authentication Used in WEP Open System Authentication and Shared Key Authentication. In a shared key authentication, to begin the connection process, the computer sends a request for authentication to the access point (Router). The access point responds by generating a sequence of characters called a challenge text for the computer. The computer encrypts the challenge text with its WEP key and transmits the "message" back to the access point. The access point decrypts the "message" and compares the result with the original challenge text. If comparison comes out to be a true connection is established. A wireless-equipped computer can connect to a WEP network access point without shared keys using a process known as Open System Authentication but this method does not allow the computer to receive encrypted data. The authentication mechanisms do not provide stronger security, therefore, WEP has a serious security weakness and was been superseded by WPA. WEP used a 64-bit or 128-bit encryption permanent key that must be manually entered on wireless access points and devices. WPA uses TKIP (Temporal Key Integrity Protocol) 128 bits encryption and employs a per-packet key, meaning that it dynamically generates a new 128-bit key for each packet and thus prevents the types of attacks that compromised WEP. TKIP implements a key mixing function that combines with 24-bit IV before passing it to the RC4 stream cipher. Compared to WEP, WPA uses a key mixing function instead of simply concatenating with IV. Key mixing function also called temporal key hash which produces the 128-bit RC4 per-frame encryption key. This function takes as input the 128-bit Temporal Key (TK), the 48-bit Transmitter’s Address (TA) and 48-bit IV. The 48-bit IV is often called the TKIP Sequence Counter (TSC). The key mixing function outputs 128-bit WEP key, the first three bytes of which are derived from the TSC. WPA (Wi-Fi Protected Access) Data integrity using CRC-32 was replaced by MIC (Message Integrity Check), which is designed to prevent an attacker from altering and resending data packets. MIC is similar to a cryptography hash function which is used to detect duplicate data and indexing of data using a hash function. A hash function is a hex code of the data and is used as a key to encrypt and decrypt the data. Pre Shared Key (PSK) is a method of authentication that uses 64-bit hexadecimal digits to generate a unique encryption key for each wireless connected device. These encryption keys constantly change and the PSK authentication user provides the password to verify the connection. WPA also supports Advanced Encryption Standard (AES) which is optional in place of RC4. Although AES is more secure but the biggest threat is that integrity check is still done via TKIP-MIC. The biggest threat is if the RC4 key is lost total security is lost. WPA security issues are resolved in the now current WPA2 standard. WPA2 supports the same modes as WPA, except that it does not use TKIP but CCMP for cryptographic encapsulation. CCMP (Counter Mode Cipher Block Chaining Message Authentication Code Protocol) uses CCM mode of operation for cryptographic block ciphers. In the CCMP procedure, additional authentication data is taken from MAC header and included in CCM encryption process. It provides both authentication and confidentiality. It is based on AES (Advanced Encryption Standard) processing and uses a 128-bit key and a 128-bit block size. AES is based on a substitution-permutation mathematical operation that takes a block of plaintext and keys as inputs and applies several permutations and substitutions to produce ciphertext. To protect against replay attacks, a sequenced Packet Number (PN) and portions of MAC header are used to generate a nonce (Pseudo-Random Number) which in turn is used by the CCMP encryption process. WPA (Wi-Fi Protected Access) 2 The CCMP mode has Message Integrity Code (MIC) which protects the integrity and authenticity of the packet. The Frame Check Sequence (FCS) is used for error detection and correction. Some access points can still be configured to use both TKIP and CCMP so that users need not require upgrading the hardware. Key management is done using Extensible Authentication Protocol (EAP) which is used in both WPA and WPA2. EAP is a framework for providing the transport and usage of keys generated by different EAP methods. WPA (Wi-Fi Protected Access) 3 WPA3 is the latest version of the Wi-Fi Protected Access (WPA) security protocol. It was developed by the Wi-Fi Alliance and released in 2018. WPA3 is designed to be more secure than WPA2, which is the previous version of the protocol. WPA3 includes a number of new features that improve security, including: Simultaneous Authentication of Equals (SAE): SAE is a new authentication method that is more secure than the Pre-Shared Key (PSK) method used in WPA2. Protected Management Frames (PMF): PMF is a new feature that helps to protect against attacks that can be used to modify or eavesdrop on wireless traffic. Opportunistic Wireless Encryption (OWE): OWE is a new mode of WPA3 that is designed for use in open networks. OWE uses a technique called "opportunistic encryption" to encrypt traffic between devices even if the devices do not have a pre-shared key. On the other hand, the new WPA3 protocol uses a 192-bit security suite aligned with the Commercial National Security Algorithm (CNSA) Suite that protects the government, Defense and industrial network which requires a higher level of security. The CNSA encryption uses Elliptical Curve Cryptography (ECC) which has a wide range of cryptographic schemes and protocols, such as Elliptic Curve Diffie-Hellman (ECDH), the Elliptic Curve Digital Signature Algorithm and the Elliptic Curve Integrity Encryption Scheme (ECIES). The Digital Signature Algorithm (DSA) generates a digital signature composed of two 160-bit numbers directly from the private key and a hash of the data to be signed. The corresponding public key can be used to verify the signature. Elliptical Curve Integrity Encryption Scheme (ECIES) takes a plain text message and the recipient’s public key as input. An ECC ephemeral key and Initialization Vector (IV) is generated. Further ephemeral private key is combined with the recipient’s public key to generate ECDH shared secret data. The shared secret data is fed to key derivation function to generate two secret keys. One secret key is used to encrypt the plain text and other is used to generate a MAC. The final output is the cipher text, the IV, the ephemeral key and the MAC.ECC keys are better than RSA & DSA keys in the algorithm is harder to break. ECC keys are more secure and uses smaller length keys (for instance a 256-bit ECC key is as secure as a 3248-bit RSA key). Data integrity is done using Secure Hash Algorithm-2 in which different hash function is generated for different inputs. SHA-2 is often called SHA-2 family of hashes because it contains many different size hashes, including 224, 256, 384 and 512 bit. WPA3 provides a new strong password-based authentication using the Simultaneous Authentication of Equals (SAE) protocol which provides robust protection and is resistant to active, passive and dictionary attacks. It is a peer-to-peer protocol in which a one-way key derived function is used to generate a key making it difficult for the attacker to crack the code even with the password. WPA3 blocks authentication after a certain number of failed log-in attempts and thus also provides protection against Brute-Force Attacks. WPA3 provides enhanced security, especially for public open Wi-Fi networks. WPA3 uses individualized data encryption which encrypts data between the access point and the user even when no password is entered at the time of connection. The most interesting feature of WPA3 is that it simplifies the process of configuring security for IOT (Internet of Things) devices that have limited or no display interface such as Amazon Echo, Google Home, Smart Door Locks, Smart Thermostats and many more. As IoT devices are designed for low power consumption and minimum processor requirement, current cryptographic techniques are difficult to implement as they use larger keys, and high-level processors and consume more power. To resolve the issue, a smaller length key algorithm such as ECC is used which provides the same level of security as provided by large RSA key algorithms. ECC is vulnerable to several attacks such as Side-Channel attacks, Twist Security attacks and Quantum attacks and improper implementation of ECC can lead to ECC private key leaks. These attacks can be tackled easily through properly implementing the algorithm and some simple techniques such as Montgomery curves and Montgomery ladder in addition with ECC. #networks #wifi #cryptography #patents #security #telecom #electronics #licensing #software

  • Source Code Review: Best Practices

    "Few tasks excite a defendant less... Engineers and management howl at the notion of providing strangers, and especially a fierce competitor, access to the crown jewels. Counsel struggles to understand even exactly what code exists and exactly how it can be made available for reasonable inspection. All sorts of questions are immediately posed... Put simply, source code production is disruptive, expensive, and fraught with monumental opportunities to screw up." Apple Inc. v. Samsung Elecs. Co., No. 11-1846, 2012 U.S. Dist. LEXIS 62971, *10-11 (N.D. Cal. May 4, 2012) (ECF No. 898). The last five years have seen an enormous change in the U.S. judicial climate as it relates to intellectual property and patent litigation in particular. A direct consequence of the America Invents Act was an increased burden of proof for plaintiffs before or shortly after filing a lawsuit. The trend somewhat continued with Alice and other similar decisions – the going has gone tougher for patent holders, especially software patent holders. Today, an overwhelming portion of cases terminate at the PTAB, and even if they survive the IPR, plaintiffs are on notice to really drill down their contentions of infringement deep into physical implementation. In such situations, while the number of software cases has decreased, the importance of a detailed source code review has increased in the software, telecom and other software-relevant cases that do survive the IPR. Hosting and Conducting a Source Code Review It can be expensive on more than one dimension: time, cost and security. For a number of modern corporations such as Google, Uber and Facebook their real business value lies in their source code. Any theft that lands the crucial algorithms in the hands of competition can become an existential threat. Similarly, with an increasing amount of our identity (and finances) now online, a theft of source code also represents a general security risk that can in turn lead to theft of personal information of consumers. Outside counsel must therefore assure an even greater sensitivity and responsibility when source code needs to be produced or reviewed in a case. Additionally, clients reasonably want to cut litigation costs, presenting yet another constraint that attorneys need to balance during the process. Beyond the security risk, source code presents unique intricacies that necessitate extra diligence: A single software can undergo dozen of iterations (versions) before and after it is released as a product. Specialized tools are required for reading and reviewing the code It requires special security procedures for review and transport Code is often a combination of open source, proprietary and third party modules It is highly interconnected and one file (or even functions within a file) cannot be analyzed independently of others. These differences necessitate a number of additional considerations that attorneys must take when hosting or reviewing code. Both parties must, at a minimum, converge on the following provisions, either in the protective order or through a separate meet and confer, ahead of the code production. 1. REPRESENTATIVE VERSIONS As code journeys in time from inception to a full product (and versions thereof), it grows in size, complexity, components and number of authors. For most software, and especially enterprise software, these changes can result in terabytes of code – which is labor-intensive to review as well as to collect and host. It is not uncommon for software to contain dozens if not hundreds of versions – especially if any portions of the software are open source. It is usually advantageous for both the plaintiff and the defendant to concur on specific products and versions of the code that will be produced for review. If the specific functionality has undergone extensive modifications over the product lifetime, the first version, the most recent released version and/or the version corresponding to the most popular accused product can be designated as representative versions for production. For the plaintiff, narrowing down the size and scope of production translates directly to reduction in necessary effort and cost of review by experts and attorneys. It can even help simplify damages valuation. For the defendant, having to produce fewer versions means a reduction in code collection costs – but more importantly a reduction in exposure of critical code assets to strangers. 2. CODE REVIEW TOOLS Several tools exist that can help experts and attorneys review source code easily and quickly. Using industry standard tools can not only reduce the cost of review but also help experts generate flowcharts and diagrams that can be used as exhibits. The following is a list of most popular tools used by source code experts in the industry: Scitools Understood An easy-to-use review platform for C/C+, Objective C, Objective C++, C#, FORTRAN, Java, JOVIAL, Delphi/Pascal, PL/M, VHDL, Cobol, PHP, JavaScript and Python. It also, provides advanced diagramming and graphing capabilities. Eclipse SDK Used most often as a development platform for Java applications, but also useful for reviewing production in other languages like Ada, ABAP, C, C++, COBOL, Fortran, Haskell, JavaScript, Julia, Lasso, Lua, NATURAL, Perl, PHP, Prolog, Python, R, Ruby, Rust, Scala, Clojure, Groovy, Scheme and Erlang. Microsoft Visual Studio Used as a development platform for .NET applications and Windows software applications. Supports C, C++, VB.NET, C# and F#. Xcode Used as a development platform for iOS and MacOS software. Supports C, C++, Objective-C, Objective-C++, Java, AppleScript, Python and Ruby. Netbeans While used primarily for Java code development, useful for reviewing code written in web-scripting languages such as PHP and HTML5 as well. BeyondCompare Useful for showing side-by-side comparisons of file content. Is language-independent and used most often for copyright and trade secret cases. CodeSuite Useful for trade secret and copyright cases where portions of source code may have been copied/modified by the alleged infringer. Offers advanced code abstraction and comparison analyses. WinGrep / PowerGREP Useful for quickly searching file content for specific keywords. Notepad++ Useful for reading text files, unknown file types and formatted code files. Also useful for printing code files with line numbers for easy reference. In addition to the specialized source code tools above, counsel should also deliberate if generic software such as a word processing software (such as MS Office or OpenOffice), PDF reader/creator (Adobe Acrobat Reader, Print2PDF, etc.) or an archiving utility (WinRAR, 7-zip) should be requested – depending on production specifics. Code review experts can ascertain if any such tools are necessary based on a quick reconnaissance of the production at the beginning of the review. 3. ELECTRONIC DEVICES Most protective orders entered nowadays prohibit any external electronic devices to be brought into the room where a code production is hosted. Electronic devices such as smartphones, tablets, USB drives, portable disk drives, cameras, etc. pose a security risk for source code theft. Producing parties and their counsel therefore often have good reason to prohibit any such devices from being in close proximity to the source code. Notwithstanding, however, there are definite advantages to the receiving party if at least certain electronics are allowed to be brought into the same room. The code reviewers for example may want to bring their own laptops or be able to take phone calls during the review in order to complete the review more efficiently. The receiving party’s counsel should work closely with the code reviewers on whether such an allowance- given the size and complexity of the production makes a significant impact on the review costs. Even when such an allowance is made, producing party can undertake additional security measures to ensure the electronic devices are not used for information theft. For example: Producing party can themselves provide a second desktop computer for taking notes. The second computer can be communicably disconnected from the production computer. If the code reviewers are allowed to bring in their own laptops/phones – all cameras and ports on the devices can be disabled using a tamper-evident tape. If the code is being produced on a desktop PC, the hardware cabinet can be secured inside a metal lockbox which does not allow a user to remove or connect any devices to the computer. Unused device ports and network connectivity on the production computer can and should be disabled by the IT admin A person can be staffed for monitoring the code reviewers without directly observing activity on the computer or their notes. Given these measures, a mutually agreeable allowance can be achieved that reduces costs for the receiving party while ensuring reduced exposure risks for the producing party. 4. VOLUME OF PRINTOUTS A limit on the number of printouts that the receiving party can request from the code review can present a challenging restriction on the code reviewer. Counsel should deliberate on the appropriate limits, taking into account the size of the accused products, scope of the claims as well as the particular programming languages used in the production. For example, certain languages like Objective C, C#, C/C++ often necessitate large files – therefore a limit on printing consecutive pages (such as 10-15 consecutive pages) can present undue burden on the receiving party. On the other hand, Java files tend to be smaller in size individually – but are often more in number per functionality as compared to other languages. Hence for Java, a limit on number of files can be a daunting challenge for the reviewers. Counsel should deliberate with the code review experts to better understand the limits, that can be arrived upon, that will not place undue burden on any party while also limiting costs of logistics and exposure risks associated with any code production. 5. DEDICATED SOURCE CODE EXPERTS Source code review is not only a highly critical component of e-Discovery, but also requires a niche expertise. A good technology expert witness should be able to analyze source code and point out specific excerpts to support infringement. However, schedules, budgets and expertise constraints can often necessitate that dedicated code reviewers be retained to bring in specific expertise and take off the bulk of the expert witness’ workload. Adding more people to the effort carries with it extra cost and time, of course. Therefore, in choosing the right code reviewers, counsel should consider the reviewers’ technology expertise, credentials, physical location and knowledge of prevalent programming platforms and languages. A reviewer with the right combination of skills and experience can cover the review at a fraction of cost – and the more experienced ones can bring down the overall cost of review by almost 50% by streamlining the discovery process. Purva works with leading counsel and corporations on identifying licensing opportunities to sharply realize business value. She specializes in analyzing patents and products in consumer electronics, software and telecommunications industry. ​ For over 8 years, she has been working with small businesses and large corporations to handle multi-million dollar projects in software, telecommunications, media and travel-related websites. #sourcecode #codereview #patents

  • Demystifying Wi-Fi: A Comprehensive Comparison of Wi-Fi 5, 6, and 7

    What is Wi-Fi? Wi-Fi, short for Wireless Fidelity, refers to a wireless communication technology that allows devices to connect to the internet and communicate with each other wirelessly. It enables data transmission between devices using radio waves, eliminating the need for physical wired connections. Wi-Fi operates based on the IEEE 802.11 family of standards, which defines the specifications for wireless networks. It uses radio frequency bands to transmit data, typically in the 2.4 GHz or 5 GHz frequency ranges. Wi-Fi technology enables devices such as smartphones, laptops, tablets, and IoT devices to connect to the internet and access online services, browse the web, stream media, and communicate with other devices on the same network. Wi-Fi networks consist of a router or access point that acts as a central hub, transmitting and receiving data, and one or more client devices that connect to the network. The router or access point broadcasts signals, and devices within range can detect and connect to the network by providing the correct network credentials, such as a password. Wi-Fi vs. Traditional Wired Networks Wi-Fi provides several advantages over traditional wired networks. It is more convenient and flexible, allowing people to move around freely while staying connected to the internet. It is also faster and more reliable than earlier wireless technologies, making it possible to stream high-definition videos, play online games, and use other bandwidth-intensive applications. Limitations of Wi-Fi Limited Range: Wi-Fi signals have a limited range, and their strength and quality can be affected by obstacles such as walls, furniture, and other electronic devices. The range can vary depending on the specific Wi-Fi standard and the environment in which it is deployed. In larger spaces or buildings with thick walls, additional Wi-Fi access points or signal boosters may be needed to ensure coverage. Interference: Wi-Fi operates in unlicensed frequency bands, which means that other devices using the same frequency range can cause interference. Common sources of interference include microwave ovens, cordless phones, Bluetooth devices, and neighboring Wi-Fi networks. Interference can degrade Wi-Fi performance and reduce connection speeds. Bandwidth Sharing: Wi-Fi networks are shared environments, and the available bandwidth is shared among connected devices. In crowded areas or networks with many active users, the available bandwidth per device may decrease, leading to slower internet speeds and reduced performance. Security Risks: Wi-Fi networks can be vulnerable to security risks if not properly secured. Unencrypted or weakly encrypted Wi-Fi networks can be accessed by unauthorized users, leading to data breaches, identity theft, and unauthorized network access. It is important to implement strong security measures such as using WPA2/WPA3 encryption, and strong passwords, and regularly updating the firmware to mitigate these risks. Speed Limitations: While Wi-Fi technology has evolved to provide faster speeds with each new standard (e.g., 802.11ac, 802.11ax), the actual achievable speeds can be influenced by factors such as distance from the access point, signal interference, and the capabilities of the connected devices. In certain scenarios, wired Ethernet connections can provide faster and more reliable speeds compared to Wi-Fi. IEEE 802.11 Architecture 802.11, also known as IEEE 802.11, is a set of protocols that defines the different types of communication that can occur on a Wi-Fi network across various wireless frequencies. It is often mentioned alongside Wi-Fi and was instrumental in naming each generation of Wi-Fi connectivity before the recent shift in naming standards. It remains part of the technical term for each Wi-Fi generation, typically followed by a letter or group of letters. For example, 802.11a, 802.11b, 802.11d, 802.11g, 802.11n, and 802.11ac. However, newer and simpler naming conventions incorporating generation labels are now being adopted. Data Link Layer Logical Link Control (LLC) is a sublayer of the Data Link Layer of the OSI model, which is responsible for providing a reliable communication link between two devices connected via a wireless network. In IEEE 802.11 (Wi-Fi), the LLC sublayer is responsible for providing a common interface to the upper-layer protocols, enabling communication between different devices on the same wireless network. Medium Access Control (MAC) is a sublayer of the Data Link Layer in the OSI model. It is responsible for managing access to the shared communication medium (such as a wireless channel or a wired Ethernet network) among multiple devices that are connected to it. In a shared communication medium, multiple devices can send data at the same time, which can lead to collisions and loss of data. Physical Layer FHSS stands for Frequency Hopping Spread Spectrum, and it is one of the two primary modulation techniques used in the physical layer of the IEEE 802.11 wireless networking standard (the other being Direct Sequence Spread Spectrum or DSSS). In FHSS, the wireless signal hops quickly and randomly between multiple frequency channels within the available bandwidth, typically changing channels hundreds or even thousands of times per second. This frequency hopping helps to mitigate interference from other devices operating in the same frequency range, as well as provide some level of security against eavesdropping or jamming. DSSS stands for Direct Sequence Spread Spectrum, and it is a modulation technique used in the physical layer of many wireless networking standards, including IEEE 802.11 (Wi-Fi). In DSSS, the data to be transmitted is spread across a much wider bandwidth than is strictly necessary for the actual data rate. This is done by modulating the data signal with a much higher rate "spreading code" signal that is unique to the particular transmitter/receiver pair. The resulting spread signal appears as noise to any other devices that may be listening in on the same frequency band. IR stands for Infrared, and it is a physical layer communication technology used in some of the older versions of IEEE 802.11 wireless networking standards. Different Generations and Advancements of Wi-Fi Wi-Fi 5 The fifth generation of wireless networking technologies, known as Wi-Fi 5 or IEEE 802.11ac, uses the 5GHz band frequency to deliver high throughput in wireless local area networks (LANs). Key Features of Wi-Fi 5 Wi-Fi 5 (also known as 802.11ac) introduced several improvements over its predecessor Wi-Fi 4 (802.11n), including the use of the less congested 5GHz frequency band, which reduces interference from other devices using the 2.4GHz band. Additionally, Wi-Fi 5 supports wider channels, which can increase the data transfer rate. The maximum theoretical speed for Wi-Fi 5 is 6.9 Gbps, which is significantly faster than the maximum speed of 600 Mbps for Wi-Fi 4. Other improvements in Wi-Fi 5 include the use of multi-user MIMO (MU-MIMO) technology, which enables multiple devices to communicate with the router simultaneously, and beamforming, which allows the router to focus its signal on specific devices for better performance. Overall, Wi-Fi 5 offers significant advantages over Wi-Fi 4 in terms of speed, performance, and reliability, making it a popular choice for many homes and businesses today. Wi-Fi 6 Wi-Fi 6, also known as 802.11ax, is the latest generation of Wi-Fi technology in use that is designed to improve network efficiency and connectivity in crowded areas where there are many connected devices. Key Features of Wi-Fi 6 One of the defining characteristics of Wi-Fi 6 is the Target Wake Time (TWT) technology, which allows devices to "sleep" when they are not in use, thereby conserving battery life. This is particularly useful for IoT devices that require connectivity but don't need to be constantly active. Wi-Fi 6 also provides faster speeds than previous generations of Wi-Fi, both for individual devices and for the network as a whole, especially in environments with several connected devices. Additionally, it includes enhanced security features to ensure secure internet use. And finally, one of the benefits of Wi-Fi 6 is its backward compatibility with Wi-Fi 5 and Wi-Fi 4 devices, meaning that even if you have older devices that don't support Wi-Fi 6, they can still connect to a Wi-Fi 6 network. MU-MIMO (Multi-User Multiple Input Multiple Output) technology is an important component of Wi-Fi 6 that was first introduced in the 802.11ac (Wi-Fi 5) protocol. MU-MIMO allows multiple devices to communicate with the access point simultaneously, rather than taking turns, which improves network efficiency and reduces latency. One of the main advantages of MU-MIMO is that it allows for the efficient transfer of data from multiple devices at the same time, which is especially useful in crowded environments where many devices are connected to the network. The more advanced version of MU-MIMO in Wi-Fi 6 can support up to 8 users, compared to 4 users in 802.11ac. However, MU-MIMO is not supported by older Wi-Fi standards such as 802.11b, g, and n. So, to take advantage of this technology, both the access point and the endpoints must support MU-MIMO. OFDMA (Orthogonal Frequency Division Multiple Access) is a crucial characteristic of Wi-Fi 6 that allows multiple devices with different bandwidth requirements to connect to the network simultaneously, increasing overall network efficiency. This is achieved by dividing the frequency band into smaller subcarriers, each of which can be assigned to a different device, reducing latency and increasing network capacity. Another important feature of Wi-Fi 6 is the support for more streams across the 2.4 GHz and 5 GHz bands, which allows for faster connections and improved network performance. Wi-Fi 6 can support up to 12 streams, while Wi-Fi 5 is limited to 8 streams. This means that devices that support Wi-Fi 6 can achieve a 40% speed boost over Wi-Fi 5 devices. With the increasing number of IoT devices in smart homes, Wi-Fi 6 was designed to handle the growing number of connected devices without slowing down the network. This ensures a seamless streaming experience for IoT devices like lights, switches, thermostats, and other smart home gadgets. In addition, Wi-Fi 6 is also well-suited for multiple concurrent high-definition video streaming sessions, such as 4K or 8K resolution, without buffering or interruptions owing to faster processors, more memory, and more radio streams. This is especially important in households with many users who may be streaming video simultaneously. Wi-Fi 7 Wi-Fi 7 is still in development and not yet available for consumer use. However, the planned improvements suggest that Wi-Fi 7 will bring significant advancements to wireless networking. The ultra-wide bandwidth and advanced modulation techniques, such as 4096-QAM, will allow for faster data transmission rates and increased capacity for more devices to connect to the network simultaneously. Multi-RU (Resource Unit) and Multi-Link Operation will also improve the overall network efficiency and reduce latency. Overall, Wi-Fi 7 promises to deliver a superior wireless networking experience with faster speeds, better reliability, and increased capacity, making it an exciting development for those who rely heavily on Wi-Fi for their daily needs. It's important to note that while Wi-Fi 7 is expected to provide significantly faster speeds than Wi-Fi 6 and previous generations, the actual speed improvements may vary depending on a variety of factors, such as the number of devices connected to the network, the distance between the devices and the router, and the quality of the wireless signal. Additionally, the adoption of Wi-Fi 7 by device manufacturers and the availability of compatible devices may take some time, so it may be a while before consumers can fully take advantage of the new standard. Multi-link Operation (MLO) and Challenges While Wi-Fi 7 allows for 16x16 MIMO configurations, which can provide very high speeds, it's unlikely that most mobile client devices will have that many antennas. In fact, most devices will likely continue to operate with 2x2 or 4x4 MIMO setups. Additionally, in order to reach its peak speeds, Wi-Fi 7 requires both 16 streams and 320 MHz channels, which may not be feasible for many clients. However, even with fewer streams and narrower channels, Wi-Fi 7 will still provide faster and more efficient wireless connectivity than previous Wi-Fi standards. Conclusion While Wi-Fi 6 offers significant improvements over Wi-Fi 5, Wi-Fi 7 is expected to take wireless networking to the next level. Wi-Fi 7 is expected to offer faster speeds, greater efficiency, and better security compared to Wi-Fi 6. The introduction of new technologies such as sub-6GHz and mmWave is anticipated, which will further improve network performance and coverage. However, it is important to note that Wi-Fi 7 is still in the development stage, and it may take some time before it becomes widely available in the market. Overall, Wi-Fi 7 offers significant improvements in speed, frequency bands, and features compared to Wi-Fi 5 and 6, making it the most advanced and capable wireless technology to date. References https://www.researchgate.net/figure/IEEE-80211-protocol-stack_fig5_220619392 https://www.tp-link.com/us/wifi7/ https://www.itpro.com/network-internet/wifi-hotspots/367703/what-is-wi-fi-6 https://www.pcmag.com/how-to/wi-fi-7-explained-everything-to-know-about-tomorrows-fastest-wireless-spec# https://www.review-hub.co.uk/wifi-explained/ https://www.tomsguide.com/face-off/wi-fi-6e-vs-wi-fi-7-whats-the-difference

  • Airborne Wind Energy (AWE) System: Future of Wind Energy

    High-altitude wind energy is a prospective resource for the long-term generation of electrical energy. Airborne Wind Energy Systems (AWESs) are important and trending renewable energy technology. This is because of the wide availability of winds blowing between 300 and 10000 meters above ground and their high power capacity. In the recent decade, some of the leading players in the worldwide airborne wind turbine industry including, Vestas Wind Systems, KiteGen Research, Kitenergy, SkySails Power, TwingTec, TU Delft, Ampyx Power, Enerkite, and Windlift, have joined the AWES sector, patenting various ideas and technical solutions for their application. What is Airborne Wind Energy (AWE)? High-altitude wind energy, also known as Airborne Wind Energy (AWE), is a renewable energy technology that generates electricity using airborne equipment. AWE, as opposed to traditional wind power, uses free-floating devices such as balloons, kites, and tethered wings held high in the air. Many well-established technologies in conventional ground-based wind energy turbines, such as generators, gearboxes, and grid-tied power converters, are also utilized in the AWE system. The way these aerial wind turbines gather energy from the wind distinguishes them from their land-based or ocean-based counterparts. A tether line or a cable attaches the AWE device to the ground instead of a huge steel tower construction, and instead of long rotating turbine blades, specially designed aerofoil kites and wings sweep an area across the sky to capture wind energy. Further, these devices, such as a tethered wing or an aerofoil kite, are electromechanical systems that harness the kinetic energy of the winds circulating in the sky. Most airborne wind power devices are designed to fly in a crosswind or transverse direction, concentrating the wind's enormous power supply at medium to high altitudes of more than 200 meters. This is because the wind speed is often higher and steadier at altitudes above 200 meters than at lower altitudes, thus allowing the harnessing of these high winds as an energy source and creating electricity. Furthermore, the lift and forces created by the wind at these heights are adequate to both sustain and power the flying apparatus. Because these airborne wind devices operate at a higher altitude and at higher wind speeds, more power can possibly be generated more consistently. Thus, with such high elevations and levels of power generation, these AWE devices can possibly be preferred over the typical wind turbine towers. Working Principle of AWE AWE is a wind energy system that uses flying blades or wings tethered to the ground. There are two primary concepts for converting wind energy into electricity are as follows: Small propeller turbines with generators installed on the flying wing (Figure A) or By having the wing or kite pull on the tether and the rope unwind from a ground drum, which drives the generator. This ground production approach necessitates reeling in the winch tether, resulting in a pumping or yoyo action (Figure B). In the diagram, the onboard and off-board power generation has been showcased, where the kite (Airborne device) flies constantly across the wind, such that the onboard/off-board generators are responsible for power generation. In one case, the generated power is transmitted from the kite to the ground station via a tether (transmission lines) and extracted at the ground level. However, in another case, the electricity is generated at the ground station based on the in/out action of the tether connected with the kite. Classification of AWE Ground Gen: In this type of AWE classification, the electrical energy is created on the ground in a Ground-Gen AWES (GG-AWES) through mechanical work done by traction force. This force is carried from an airplane to the ground system by one or more ropes/cables. Further, this causes an electrical generator's motion, resulting in electricity production. Additionally, the GG-AWESs are subdivided into two types, i.e., fixed-ground station devices and moving-ground-station systems. Significantly, the ground station is fixed to the ground in the fixed-ground station devices. In the case of moving-ground-station systems, the ground station is not stationary but a moving vehicle. Fly Gen: In this type of AWE classification, the electrical energy is generated onboard the aircraft during flight and delivered to the ground through a customized rope that incorporates electric wires in Fly-Gen AWESs. Further, the Fly-Gen AWESs convert this electrical energy using one or more specifically constructed wind turbines and store it in battery storage or transmit it to the required connections. Furthermore, the FG-AWESs are subdivided into two types, i.e., crosswind and non-crosswind flights. Significantly, these types of flights differ based on wind direction, i.e., wind perpendicular to the flight or non-perpendicular to the flight. Present Deployments in Process Ground Gen (Fixed Ground) Ground Gen (Moving Ground) Fly Gen Advantages of AWE Less material means less environmental effect: CO2 footprint, aesthetic impact, and resource consumption. Additional wind resources: harnessing greater global renewable potential High full load hours imply more consistent power generation. Low Levelized Cost of Energy: the possibility for decreased energy production costs. Flexibility: simpler logistics, faster set-up Scalability ranges from a few kW to many MW. Mobile applications, repowering, and floating offshore are all new markets. Disadvantages of AWE As airborne gadgets and power connections fall to the earth, they may become separated or damaged, posing a safety risk. If the gadget is retracted during inclement weather, no electricity is generated, and thus, the power balance will be affected. Electrical energy losses, given the lengthy conducting wire that connects the aerial producing equipment to the ground, is a major issue. With the increase in altitude, the transmission losses increase significantly. Acceptance of these big floating airborne devices over land and residential areas by the general public is a significant concern. These autonomous devices face design and control issues in all wind and weather situations. To fly in high altitude winds, kites and wings must be light and robust. Thunder and lightning strikes (Bad weather) represent a significant threat to the destruction of any aerial item, specifically AWE. Seminal Patent Title: Wind installation comprising a wind turbine and an airborne wind energy system Patent: US11002252B2 Grant Date: 2021-05-11 Current Assignee: Vestas Wind Systems AS The patent discloses a wind turbine system for harvesting and utilizing maximum wind energy and an airborne wind energy system for increasing the total power production. As per the analysis, a conventional wind energy system is installed on a wind turbine site that includes electrical and mechanical components like rotors, blades, towers, etc. At the top of the tower, a nacelle (housing or a structure) is mounted, with each nacelle a rotor being rotatable about an axis of rotation is coupled. Further, this rotor is connected to the generator to convert the rotating rotor's energy into electrical energy for a power grid. The rotor, the generator, and the connections with the power grid are done via a power transmission line. Furthermore, an airborne wind energy system is connected at the top of the nacelle such as to increase the power production level of the installed system. Further, this airborne wind energy system is coupled to the wind turbine via a cable (tether) and comprises a separate generator that is electrically connected via the power transmission lines. Thus, such a system with the coupling of multiple wind energy sources allows for the harvesting of maximum power. Conclusions and Future Scope High-altitude wind energy is a prospective resource for the long-term generation of electrical energy. Airborne Wind Energy Systems (AWESs) are important and trending renewable energy technology. This is because of the wide availability of winds blowing between 300 and 10000 meters above ground and their high power capacity. In the recent decade, some of the leading players in the worldwide airborne wind turbine industry including, Vestas Wind Systems, KiteGen Research, Kitenergy, SkySails Power, TwingTec, TU Delft, Ampyx Power, Enerkite, and Windlift, have joined the AWES sector, patenting various ideas and technical solutions for their application. In the future, Airborne wind energy research and development is predicted to accelerate rapidly. Several prototypes that are currently being researched will be finished and tested on the basis of the key affecting parameters that include - flying mass, landing/takeoff, cables, altitude, movement curvature, cable electrostatic behavior, etc. The compound annual growth rate (CAGR) of the airborne wind energy (AWE) market is estimated to be 9.4% from 2023 to 2030. This means that the AWE market is expected to grow by 9.4% every year on average over the next seven years. The ever-increasing need for power, particularly in rising economies such as China, Brazil, India, and Russia, has increased the demand for alternative energy sources. References https://www.alternative-energy-tutorials.com/wind-energy/airborne-wind-energy.html https://www.mordorintelligence.com/industry-reports/airborne-wind-turbines https://www.sciencedirect.com/science/article/pii/S1364032115007005?via%3Dihub https://airbornewindeurope.org/about-airborne-wind-energy/ https://e360.yale.edu/features/after-a-shaky-start-airborne-wind-energy-is-slowly-taking-off https://www.nrel.gov/docs/fy21osti/79992.pdf

  • The Rise of Web 3.0: Unlocking the Decentralized Internet

    Over the past three decades, the web's landscape has undergone a profound upheaval. Since Web 1.0's early years, when the internet primarily served as a channel for the transmission of text-based information, a lot has changed. Rich media content has now been introduced thanks to Web 3.0 and the continuously changing consumer demands. Web 3.0 is the next significant advancement in how users access and exchange information online, and soon-to-be-released AI-enabled search engines are already having an impact on user behavior. What is Web 3.0? Web 3.0 refers to the third iteration of web technology (Web3). The World Wide Web, sometimes known as the Web, provides website and application services, acting as the fundamental building block of the Internet. Web 3.0 is always evolving and advancing, therefore there isn't a single, accepted definition. Web 3.0 uses both machine learning and artificial intelligence (AI) to create smarter, more flexible apps. Another component of the growing concept of Web 3.0 is the notion of a semantic web. Web 3.0 will undoubtedly significantly emphasize decentralized applications and blockchain-based technologies. The transition from Web 1.0 to Web 2.0 took more than 10 years, and Web 3.0's full deployment and redesign of the Web is projected to take at least as long. If the trend of change is followed from Web 1.0, a static information provider where users visit websites but hardly interacted with them, to Web 2.0, an interactive and social web enabling user collaboration, it can be assumed that Web 3.0 will alter both how websites are created and how users interact with them. How Does Web 3.0 Work? The design and delivery of webpages using Web 1.0 and Web 2.0 technologies are governed by the HTML standard. HTML will still be a basic component of Web 3.0, but its relationship to it and the location of those data sources may shift from previous web generations. The majority of websites and nearly all apps in the Web 2.0 era rely on some sort of centralized database to provide data and support functionality. Web 3.0 replaces centralized databases with decentralized blockchains in apps and services. Blockchain operates on the core tenet that a distributed consensus system may replace an arbitrary central authority. The concept of a decentralized autonomous organization (DAO) is a developing form of governance in the blockchain and Web 3.0 sectors. A DAO is a kind of self-governance provided by Web 3.0 technologies and communities in an effort to decentralize platform management. Web 3.0 works with cryptocurrencies in a way that is fundamentally different from how it works with fiat money. Throughout Web 3.0, the use of cryptocurrencies—all of which are built and enabled on top of blockchain technology—enables financing and the use of a decentralized method of payment. Key Features of Web 3.0 AI, semantic web, and ubiquitous qualities may all be considered in the Web 3.0 design. AI is being used to provide individuals with quicker access to more accurate data. A website using artificial intelligence (AI) should be able to filter through the data and provide the information it thinks a certain visitor would find relevant. Social bookmarking as a search engine can yield better results than Google since the results contain URLs that people have voted on. However, human intervention can also affect these results. Artificial intelligence (AI) may be used to differentiate between real and fraudulent results, producing results similar to social media and social bookmarking but without criticism. An artificially intelligent web will also include virtual assistants, a component that is now a popular function built into a device or through third-party apps. The semantic web aims to store and organize data in a way that may be used to teach a system what a particular piece of information means. A website should be able to understand the words used in search queries in the same way that a human would in order to produce and disseminate better information. The semantic web will teach the computer what the data means, and AI will use the information to operate in this system. Features of Web 3.0 Decentralized: Unlike the previous two web generations, which featured strongly centralized governance and applications, Web 3.0 will be decentralized. Applications and services will be possible using a distributed approach without a centralized authority. Further, Web 3.0 is decentralized because it enables the retrieval of information based on its content, allowing it to be stored concurrently in several locations. This would give consumers greater control by dismantling the enormous datasets that internet giants like Meta and Google presently hold. With the advent of Web 3.0, people will maintain ownership and control over the data produced by various powerful computing resources, including mobile phones, desktop computers, appliances, automobiles, and sensors. This will allow users to sell the data produced by their devices. Blockchain-based: Blockchain enables the creation of decentralized apps and services. Blockchain utilizes a distributed method to spread data and connections among services in contrast to a centralized database design. Blockchain can also provide an unchangeable record of transactions and activity in a decentralized setting, aiding in the provision of confirmed authenticity. Semantic Web: Before building the semantic web, let's take a step back and define the semantics. Semantics is the study of how words relate to one another. Computers can now read vast volumes of web data, including text, grammar, commerce, and connections between individuals, thanks to a technique called the semantic web. Artificial intelligence (AI) and Machine Learning: Machines will be able to comprehend information similarly to humans in Web 3.0 thanks to the technology built on Semantic web principles and natural language processing. Web 3.0 will also make use of machine learning, a subset of artificial intelligence (AI), that mixes data and algorithms to simulate human learning while enhancing accuracy. Instead of the present emphasis on targeted advertising, these skills will enable computers to provide faster and more pertinent results in a number of fields, including medical research and innovative materials. Trustless and Permissionless: Web 3.0 will be decentralized, based on open-source software, trustless (i.e., members will be able to interact directly without going via a trusted intermediary), and permissionless (meaning that anyone can participate without authorization from a governing body). Web 3.0 applications, also known as dApps, will thus function on blockchains, decentralized peer-to-peer networks, or a combination of the two (decentralized apps). The Evolution of Web3.0 Web 1.0: Most of the internet's content in the early days of Web 1.0 was static web pages that people would browse, read, and interact with. It depicted the first "iteration" of a platform with major multi-functional applications that later underwent development. On a read-only web, information was sent from the website to the user. There were no social media platforms, algorithms, or adverts. Web 2.0: A few things need to be considered while characterizing Web 2.0. The word refers to internet applications that let users interact, collaborate, and express themselves online. It is simply an improved version of the original global web, distinguished by the emergence of social media and the change from static to dynamic or user-generated content. The Web 2.0 paradigm includes online-oriented architecture, social media, and rich web applications. Without any technological changes, it refers to modifications in the way that users use and interacts with online sites. Web 3.0: To better serve user requirements and interests, the entire web should be redesigned. Developers and writers can work together or separately to employ self-descriptions or other similar techniques to guarantee that the data generated by the new context-aware application is useful to the user. Web 3.0, often known as an intelligent web, is the third generation of internet-based services. Although there isn't a more appropriate name, "semantic web" refers to technology that enhances Internet usage by understanding what people are doing rather than just how pages link to one another. Web 3.0 is anticipated to be more connected and intelligent thanks to key emerging technology trends including semantic web, data mining, machine learning, natural language processing, artificial intelligence, and other similar technologies. General Architecture of Web 3.0 Web3's architecture is entirely different. The server and database are not centralized. The developers have created something known as smart contracts for all business logic and data queries. These pieces of code are created to interact with the Ethereum network. The code is run on an intermediary virtual computer called the Ethereum Virtual Machine (EVM). The general architecture of Web 3.0 is described below: Front End: Like any other program, the front end establishes the UI logic. However, it does exchange information with smart contracts that specify application logic. Ethereum Blockchain: These state machines are peer-to-peer networks of nodes that are accessible from anywhere in the world. The state machine is accessible to everyone on the globe and is writable. In essence, rather than being owned by a single company, it is owned collectively by everyone in the network. The Ethereum Blockchain allows users to upload new data, but they are never able to modify already-existing data. Smart Contracts: These are programs that use the Ethereum Blockchain to function. In order to specify the logic underlying the state changes, app developers express them in high-level languages like Solidity or Vyper. Ethereum Virtual Machine (EVM): The function of these machines is to execute the smart contract logic. It deals with the state changes that the state machine experiences. Advantages and Disadvantages of Web 3.0 Web 3.0 will improve surfing efficiency and machine-human interaction by making the web smarter, safer, and more transparent. Data Privacy and Control: The protection of end-user information from disclosure will be the main advantage of data encryption. The encryption will always be impenetrable in every given circumstance. It will stop powerful companies from holding onto or making use of the personal information of people, like Google and Apple. This will provide consumers with total control and privacy over their data. Seamless Services: Users may access their data anywhere thanks to decentralized data storage. Multiple backups will be provided to users, benefiting them even in the event that the server fails. Furthermore, no person, group, or government agency will have the authority to block any websites or services. As a result, there is a lower chance of account suspension and widespread service denial. Transparency: Regardless of the blockchain platform they use, end users will be able to trace their data and see the platform's source code. Since most blockchain systems are created by nonprofit organizations, they are open-source and support transparent design and development procedures. As a result, users will be less dependent on the company creating the platform. Open Accessibility to Data: Any place or device will be able to access the info. By enabling smartphones and other connected devices to access data on the computer if they are synchronized, the aim is to expand data gathering and accessibility for people all over the world. Web 3.0 will increase the breadth of engagement even further with features like trustworthy data transfers, deeper information flows, and frictionless payments. This will occur as a result of Web 3.0, which will enable fee-free communication with any system. Restriction-less Platform: The blockchain network is accessible to all users, so they may establish their addresses and engage with it. Users cannot be excluded from this network based on their social characteristics, gender, income, or geography. Users will be able to swiftly move their wealth or assets anywhere in the world thanks to this capability. Disadvantages Requires Advanced Devices: Less powerful machines won't be able to offer Web 3.0's advantages. To make the technology accessible to more people worldwide, the functions and properties of the gadgets must be increased. Web 3.0 will only be accessible to a select few people in the existing environment. Not Ready for Mainstream Adoption: Web3 technology is more intelligent, effective, and simple to use. However, the technology is not yet capable of employing this technique. It takes a lot of effort to progress technology, adhere to privacy rules, and use data effectively to suit customer demands. Popularize Reputation Management: Web 3.0 will make user information more easily accessible and less anonymous, making reputation management more crucial than ever. Businesses will need to help clients get crucial market knowledge, priceless business insights, attractive content, and cutting-edge internet marketing in order to stay one step ahead of rivals. In other words, brands and companies will need to keep up with their reputation, image, and reputation online. Complex Functionalities: New users are reluctant to use Web 3.0 because it is tough to understand the technology. It blends traditional online tools with cutting-edge innovations like blockchain and artificial intelligence, as well as consumer connectivity and growing Internet usage. Because only cutting-edge equipment will be able to handle Web 3.0, it will be challenging for any person or organization that cannot purchase such gadgets. Because this technology will be most useful to technically experienced users, its complexity will probably prevent Web 3.0 from being widely adopted. Future of Web 3.0 Over the past three decades, the web's landscape has undergone a profound upheaval. Since Web 1.0's early years, when the internet primarily served as a channel for the transmission of text-based information, a lot has changed. Rich media content has now been introduced thanks to Web 3.0 and the continuously changing consumer demands. Web 3.0 is the next significant advancement in how users access and exchange information online, and soon-to-be-released AI-enabled search engines are already having an impact on user behavior. The user's experience on this future generation of the web will be customized to meet their requirements and tastes. Users will be able to save information on their own devices that cannot be blocked by any one organization, including governments or businesses. It is sufficient to suggest that it will be the next stage of corporate growth. Marketing could be one of the biggest winners of Web 3.0 for organizations. The users currently operate in a web-mobile-could-heavy environment where they often interact with brands and provide data for effective customer conversion through targeted advertisements. Web 3.0 may eventually have increasingly more customized human-like interactions with computers as AI, ML, and NLP applications advance. This may make it possible for sectors like quick fashion, journalism, FMCG, and electronics to communicate with their target audiences like never before. Conclusion If Web 1.0 were the equivalent of B&W films, Web 2.0 would be the era of color and simple 3D, and Web 3.0 would be the equivalent of immersive experiences in the metaverse. It appears that Web 3.0 will now take the lead in the 2020s, just like Web 2.0 did in the 2010s when it dominated the worldwide commercial and cultural environment. On October 28, 2021, Facebook changed its name to Meta, which may serve as an early indication that Web 3.0 is taking off. The fact that Web 3.0 enhances security, trust, and privacy is its most important feature. Web 3.0, which will mainly rely on decentralized protocols, is referred to as the "decentralized web." On the other hand, Web 2.0 continues to serve as the basis for many of the web apps we use today. Is it conceivable that Web 3.0 will change the well-known applications that users utilize today? References https://www.techtarget.com/whatis/definition/Web-30 https://ethereum.org/en/web3/ https://www.analyticsvidhya.com/blog/2022/06/difference-between-web-2-0-and-web-3-0/ https://www.preethikasireddy.com/post/the-architecture-of-a-web-3-0-application https://digiligo.com/blog/web-3-0-architecture/ https://www.forbes.com/sites/forbestechcouncil/2022/08/17/understanding-the-impact-of-web-30-on-the-future-of-business/?sh=1465860a2f75 https://www.binance.com/en-IN/blog/ecosystem/is-web-30-the-future-of-the-internet-421499824684903606

  • Quantum Computing - Patent Perspective

    On a fundamental level, computing systems rely on the ability to store and manipulate information represented and stored as a stream of electrical or optical pulses in the form of binary states 0 and 1. On the other hand, Quantum computers leverage quantum mechanical phenomena to manipulate information. To do this, they rely on quantum bits or qubits, which are typically subatomic particles such as electrons or photons. Companies use superconducting circuits cooled to temperatures colder than deep space to isolate the qubits in a controlled quantum state. The two-level system of a qubit exhibits quantum mechanics properties like ‘superposition’, and ‘entanglement’. An atom’s electrons decay and stay intact at the same time, and in the same way, Qubits can represent numerous possible combinations of 1 and 0 at the same time. This ability of the qubits to be simultaneous in multiple states is called superposition. They are much like the zeroes and ones of the present binary system, the difference being that usually understood zero or one is either a zero or a one or both at the same time and the information exists in either state at the same time. Importance of Germanium in Quantum Computing The key active component in practically all modern electronics is a transistor, which is why these semiconductor switches are considered to be one of the greatest inventions of the 20th century. Simply put, transistors are tiny on and off switches that represent the standard computer binary system – OFF being a zero state and ON being the one state. Despite silicon having several advantages like a wider band gap resulting in less draining power, better thermal conductivity, and abundance in nature, scientists are resurrecting germanium as a transistor material for quantum computing. In the modern era, the field of quantum technologies has germanium as the emerging and versatile material to make devices that do encoding, process, and transmit quantum information. Ge has an energy band gap of 0.72ev and Si has an energy band gap of 1.12ev, thus Ge has a higher conductivity, therefore it is considered as a key material to extend chip performance in computers beyond the limits imposed by miniaturization. In the list of semiconductor materials, germanium is not the only high-mobility material. The III-V compounds, such as gallium arsenide and indium arsenide, also possess excellent electron mobility. In fact, the mobility of electrons in indium arsenide is nearly 30 times that of the mobility of electrons in silicon. But there is a problem, this amazing property is not extended to the holes in indium arsenide, which are not much more mobile than holes in silicon. When close to room temperature, the electrons in Germanium move nearly three times as readily as they do in silicon. And the holes-the space that is lacking in an electron-move about four times as easily. The faster these holes and electrons can move, the faster the resulting circuits can be. And since less voltage is required to overcome the band gap and draw those charge carriers along, circuits can also consume considerably less energy. This means the flipping of the switch is much faster in a germanium transistor than a silicon transistor and the Ge current-carrying channel allows moving current at greater rates. Building transistors with such channels could help engineers continue to make faster and more energy-efficient circuits which make germanium a more potent material for operating with qubits, the basic unit of quantum information, which would mean better computers, smartphones, and other gadgets for years to come. Investment Trend The data shows the number of patent families filed in Quantum Computing technology in the first application year. Quantum computing patents were filed in great amounts from 2015 onwards in the areas of healthcare, environmental systems, energy, fintech, smart materials, and cybersecurity and now the markets have matured in suitable geolocations, so the IT industry is expected to be excited about filing more patents and evolve the capabilities of quantum computing technology. Google also announced Quantum Supremacy in October 2019 with their 54-qubit Sycamore processor chip that performs the computation in 200 seconds. This led to countries and companies rising to the competition and that makes it evident that the quantum race has just started, and it’s not just between major nation-states but also between the industry leaders like Google and IBM. Top 10 Players The data shows that IBM filed the most number of patents in the field of quantum computing. IBM has announced that “it is planning to build 1,000-qubit computers from their present 65-qubit computer over the next three years”. Industries like manufacturing, financial services, and security are currently leading the way by experimenting and developing advanced prototypes with more potential use cases and further showing results in their implementation status. How Does Quantum Computing Work? Two key breakthroughs are fuelling the renaissance of Ge-based materials and technologies. The first is the maturity achieved by Ge-compatible dielectrics with a high dielectric constant (κ), like aluminum oxide, that overcomes the lack of a stable native oxide; and the second is, the heterogeneous integration of Ge on Si within a conventional complementary metal-oxide-semiconductor process bypasses the need for developing Ge substrates at prohibitive manufacturing costs. The gate insulator in the state-of-the-art transistor prevents the gate and channel from short-circuiting and plays a critical role. There is no way to create a perfectly flat surface, such that the atoms that sit on the top of the channel will always have a few dangling bonds. So a process called passivation is done to get an insulating layer that links up with as many of those dangling bonds as possible is required. If it isn’t done well, an “electrically bumpy” channel, full of places where charge carriers can get temporarily trapped, lowering mobility and therefore the speed of the device is produced. Silicon has a high-quality “native” insulator that matches up well with its crystal structure: silicon dioxide (SiO2). Germanium has a native oxide that the other III-V materials and Gallium arsenide do not have. In theory, it should mean that Ge has an ideal material to passivate a germanium transistor channel. But there is a problem germanium dioxide (GeO2) is weaker than SiO2, and it absorbs or even gets dissolved by the water used to clean wafers during the chip manufacturing process. Also, it is hard to control the GeO2 growing process which makes it an even worse matter. A layer of GeO2 1 or 2 nm thick is needed for a state-of-the-art device, but it is difficult to make layers thinner than about 20 nm. Therefore, first, a nanometer-thick layer of high dielectric constant insulator, aluminum oxide, is grown on the germanium channel. Once this layer is grown, the ensemble is placed in an oxygen-filled chamber. A fraction of oxygen is passed through the aluminum oxide layer to the underlying germanium, mixing it with the germanium to form a thin layer of oxide (a compound of germanium and oxygen but technically not GeO2). In addition to helping control the growth process, the aluminum oxide acts as a protective cap for this weaker, less stable layer. Alternative Channel Paths: There are multiple ways to create transistors with high-mobility, non silicon channels. One approach is to build the nFETs from III-V compounds and the pFETs from germanium, growing patches of both materials on an insulator-topped silicon wafer [left]. As an alternative, both CMOS transistors can be built out of a solid layer of germanium [right], which can be bonded to a silicon wafer (also topped with an insulator). The high hole mobilities of Ge, benchmark it as an ultra-clean material platform for high-quality and well-controlled quantum dots, which are small nanoparticles having their electronic properties governed by quantum mechanics. Pairs of quantum dots can serve as a single qubit in a quantum logic device. The low effective mass, tunable by confinement and strain, gives quantum dots with large energy level spacing allowing to relax of lithographic fabrication requirements. Uniformity and ease of fabrication are critical in scaling up to large quantum systems. The hyperfine interaction is suppressed due to the p-type character of the valence band of Ge, and it can be engineered by isotopic purification into a nuclear spin-free material leading to long hole-spin lifetimes. Other important properties of holes in Ge that affect the energy levels are the tunable and large g-factors and spin-orbit interaction energies that make Ge desirable for quantum technologies. From a fabrication perspective, virtually every metal on Ge shows a Fermi level pinned close to the valence band, including superconductors. As a consequence, it is straightforward to make ohmic contact with confined holes in Ge, without the need for local doping or implantation with an associated high thermal budget. Thus, the fabrication of hybrid devices of quantum dot and superconducting structures is majorly due to the resulting strong coupling between metal and semiconductor. Furthermore, a key building block in semiconductor-superconductor hybrids is the low Schottky barrier at the metal/semiconductor interface that facilitates the formation of transparent contacts to superconductors. Most importantly, Ge is a foundry-compatible material that enables advanced device manufacturing and integration. This is crucial for advancing large-scale quantum systems as many challenges related to epitaxy, dielectrics, and variations of critical device dimensions may be solved by resorting to advanced process control in a state-of-the-art manufacturing facility. The advances in Ge-based materials and the physical understanding of its physical structure and quantum properties have led to impressive achievements and the development of three materials platforms emerging as strong contenders in the race to build quantum information processing devices in germanium: Ge/Si core/shell nanowires (NWs), Ge hut wires (HWs), and Ge/SiGe planar heterostructures. Each of these platforms offers specific advantages to build upon but also poses challenges overcoming to advancing the Ge quantum technology. Conclusion We are on the cusp of computer technology that is currently intractable for classical computers. Industry leaders are racing to build advanced Quantum Computing solutions that would provide the computing power required to solve problems that are impossible to do in a timeframe that’s practical with classical computers. With the unique combination of intrinsic materials properties and compatibility with the existing complementary metal-oxide-semiconductor technology, Ge is a promising material within the current second quantum revolution, in which quantum matter is studied to develop technologies beyond the reach of classical understanding. References https://www.metaltechnews.com/story/2020/03/25/tech-metals/quantum-computing-closer-with-germanium/190.html https://www.nature.com/articles/s41578-020-00262-z.epdf?sharing_token=yagy242LfY54HY6q9LrV8tRgN0jAjWel9jnR3ZoTv0MHJVhx03mYyLFkOPUS1DbYPJ7qKmX4mozb2Xlvz9XBoH31IZx_8WJXznqu84kLRo3kB3SjXWcJwqWonR70GkQOXa1qKI4QdxCNYVD7ukaXUrTa6Ra7R9d3EgiBjSEbX_Q%3D https://spectrum.ieee.org/semiconductors/materials/germanium-can-take-transistors-where-silicon-cant

  • Patent Drafting - Best Practices

    Drafting a patent application is not as easy as many think. Many times those new to the industry fail to adequately describe inventions because the invention is obvious to them, and they think it will be equally obvious to others. The law, however, requires that a patent application explain the invention to someone who is not already familiar with the invention. Chef America, Inc. v. Lamb-Weston, Inc, 358 F.3d 1371 (Fed. Cir. 2004) - In this case, while deciding against the claim for infringement, the court analyzed the usage of “To” vs “At”. In this case, the applicant attempted to protect a cooking step for heating a dough at a certain temperature inside an oven. But in their patent application, the applicant drafted the claim to read “heating the . . . dough to a temperature in the range of about 400 degrees F. to 850 degrees F.” The court stated that “to” is not “at” and so the claim required the dough and not the oven to be heated to the temperature as specified in the claim. The Court then stated that the claim was not infringed, and according to the court’s observations, it was opined that this claim could not possibly be infringed unless one wanted to make a burned dough. It is clear from the above case that the chances where the infringing party loses out on its claims due to poor drafting are significantly high. What is Patentable Subject Matter? The subject matter of a patent refers to what can be patented. In some jurisdictions, virtually any invention can be patented. Other jurisdictions have somewhat more restrictive definitions of the patentable subject matter. In both cases, a wide variety of things can be patented as long as they are new, useful and non-obvious. A patent application should be drafted in such a way that by considering categories of the patentable subject matter. Some categories of patentable subject matter are: Mechanical Devices and Articles of Manufacture Processes/ Methods Chemical Compositions or Compounds Isolated and Characterized Molecules Genetic Organisms/ Gene Sequences Computer Programs Improvements While drafting patent applications for inventions related to a business method, and computer program per se, patent drafters need to be more attentive in using keywords related to business and software. Many times, even if an invention falls into the patentable subject matter, a patent examiner, while prosecuting the patent application, may give rejections related to the patentability of the invention by going through keywords and classifications related to business and software. In most countries, the software cannot be patented if it does not form an element within hardware or a system. Whereas the USA is one of those countries in which ‘business method’ and software related patents have been filed during the last 15 years and many big companies invest large amounts of money and other resources for planning new ideas for doing business which leads to the development in Business. However, in June 2014, the US Supreme Court's ruling in the Alice Corp. v. CLS Bank ruled that 'implementing the abstract idea' on a computer does not make it patentable. Hence, a patent drafter needs to be more attentive in identifying the patentability of an invention. Importance of Prior Art Search A prior art patentability search may be conducted before the filing of a patent application to gauge the prospects of obtaining broad claim coverage. Also, it is often presumed that the inventor himself will have a good sense of novelty based on his reading of the literature in his field and by communication with his peers. In some cases, a more rigorous search may be justified before investing in an expensive foreign patent application. Prior art searches are a good way to get information on developments in the field of invention. Prior art searches may sometimes reveal what competitors consider worth protecting. Search results may be a critical factor in deciding whether to file a patent application. If a prior art search reveals references that anticipate the claimed invention, the inventor and the patent drafter should consider how they can “avoid the prior art” by drafting the claims to overcome it. The prior art may instead warrant a “design around” effort to see how the claims of the new application can be changed to avoid the prior art. How to draft a patent application? Receive Invention Disclosure from Client Schedule/prepare for invention disclosure meeting Conduct invention disclosure meeting Prepare 1st draft of the application Receive feedback from your supervisor on your 1st draft Send 1st draft to an inventor for review Receive feedback from inventors Revise application as needed Prepare documents for inventors to sign Send documents to inventors with the final draft of the application. File application Specifications It enables one to make and use the invention and describes what the invention is. It must disclose the best mode of making and using the invention (generally needed for the U.S.). A patent attorney is his own lexicographer. He is free to use any word with a supporting definition in the specification. The specification should include: Title Background of the invention Summary of the Invention Brief description of the drawings A detailed description of the invention Claim(s) Abstract Sequence listing 9 Important Considerations for Patent Drafting 1. Title of the invention: Don'ts: It should not be long. It should not exceed 500 characters in length. It should not use words like “new”, “improved”, “improvement of”, “improvement in”. Articles “a,” “an,” and “the” should not be included in Title. It cannot be too general (e.g., inductor, resistor) and cannot be narrower than the broad claim. 2. Background of the invention: It is a statement of the field of art to which the invention pertains. Do’s: It is usually written as a two-part statement i.e., a broad statement followed by a more specific statement. For example: “The present disclosure relates to communication systems and more particularly to wireless mobile communication systems”. Don'ts: It should not be labeled as “Field of the Invention”. The specific statement should not be narrower as compared to that of broad claim. 3. Summary of the invention: Do’s: Summary should be labeled as “Summary of the invention” Summary should be consistent with the invention as claimed. We should amend the summary if claims are amended during prosecution. Don'ts: We should not use the phrase “The invention is”. The language of claims to be paraphrased in plain-English sentences without legal phraseology like “means” or “said”. We should avoid referring to “objectives” of the invention. 4. Brief Description of the Drawings: Do’s: we should refer to the different views by specifying the numbers of the figures and to the different parts by use of reference numerals. We should refer to “embodiments of the invention” rather than to the “the invention”. For example: Fig. 1 is a front view of a …… Fig. 2 is an exploded view of one embodiment of a ……. Fig. 3 is a perspective view of …. 5. Detailed Description: It is a written description of the invention and of the manner and process of making and using it. Do’s: It should be full, clear, concise and exact in terms to enable any ordinary person skilled in the art to make and use the invention. The best mode of performing the invention is contemplated by the inventor in the detailed description, and it must be set forth (for the US). 6. Drawings: Drawings/Figures are required where necessary for understanding the subject matter to be patented. If drawings are submitted after the filing date may not be used to provide enabling disclosure or to interpret claims with the corresponding filing date. Do’s: Drawings must show every feature of the invention specified in the claims. Figures are, generally, ordered from general to specific. Figures are described in numerical order. Embodiments of the invention should be shown in Figures using reference numerals for each part. It is suggested to use sequentially even or odd reference numerals (For e.g., 2, 4, 6, 8 …). It is recommended to describe apparatus/ article first and then describe method. Don'ts: We should not use the same reference numeral for two different parts. 7. Abstract: It is a brief summary of the invention. Moreover, the abstract is often similar to the broadest claim Do’s: It must commence on a separate sheet, preferably attached after the claims section. Don'ts: Similar to Summary, legal phraseology (such as “means and “said”) should be avoided in the abstract. 8. Claims: The specification must conclude with a claim. Claims create a fence to define what we exclude another from practicing. Do’s: The claim should particularly point out, and distinctly claim the subject which the inventor considers as the invention. Claims must be supported by the specification and drawings. Further, we cannot add “new subject matter” after filing a patent application, but claims can be amended to the extent supported by the specification. Outer boundaries or periphery of the claim must be stated. There should be proper and logical connectivity among claim elements by considering novel and inventive elements in the claim. Claims should be in a sentence format, and claims are divided into independent (Claim stands alone, and does not refer to other claims) or dependent format (Claim refers to previous claims, incorporates the subject matter of previous claims, adds a limitation to independent claim, and narrower in scope or coverage than independent claim). The claim should begin with a capital letter and end with a period. Each element recited in the claim should be indented, and multiple claims are numbered consecutively. Parts of a Claim A claim is split into three parts: Preamble - It names, defines, or describes the subject matter of the invention, and may state an intended use or purpose. Transition - It joins the preamble with the body, and affects the scope of the claim. Usually, the transition is of two types: open-ended and closed-ended transitional phrases (for example, comprising, essentially consisting of, and consisting of) Body - It recites elements or steps of the claimed invention and how they interact. Claim Punctuation A comma separates the preamble from the transitional phrase, a colon separates the transitional phrase from the body, and paragraphs that define and describe the logical elements are separated with semicolons. Example: Preamble, the transitional phrase: Element (#1); Element (#2); Element (#3) Proper Antecedent Basis Elements in the patent claim must have the correct antecedent basis. Use indefinite article “a” or “an” when introducing an element for the first time. Use definite article “the” or “said” when referring back to the introduced element. Use of special words such as “wherein”. “whereby”. “such that” to further define a structure or provide a function associated with a given structure. Drafting Around Negative Limitations: Patent examiners do not like “NOT”. Indefiniteness objection for unclear boundaries or no support in application will be raised if we mention negative limitations (such as “NOT”) in claim elements. We should avoid this problem by stating what the element is rather than what the element is not. 9. Invention Disclosure Meetings Questions to be asked to inventors before drafting a patent application Did you or anyone else make a written or oral publication or disclosure regarding any aspects of the invention? (prior publication may destroy novelty) Did you test the invention? Can you tell me what you have invented? Do you have a photo or drawing of your invention? Is there another way to arrive at the technical effect caused by the invention? What are the advantages of the invention in comparison to the prior art? What are the important and/or critical features of the invention? How was the problem solved in the past? What is it that you want your competitors not to be allowed to do? (Strategic defense) How could a competitor design around the contemplated patent claims? (Strategic defense) Questions to be asked to inventors in view of the identification of the invention (based on Patentability Search Report): Is identified reference the closest prior art? What is the difference between the closest prior art and the invention? (Novelty?) Could you explain your invention? How is it constructed? How does it function? How is it used? What arguments do we have in favor of the inventive step? Are there any other applications of the invention? What is the aim of the invention? What technical problem was solved by the invention? How does the invention solve that problem? Due to what technical feature, the problem underlying the invention, is solved? What are the technical effects caused by the invention? Do you intend to use the invention in your own business? (Revenue generation) Are you planning to sell or license your invention? (Revenue generation) Where do you want to get a patent? (Filing) References https://www.ipwatchdog.com/2016/12/10/patent-drafting-anatomy-patent-claim/id=75575/ https://www.wipo.int/edocs/pubdocs/en/patents/867/wipo_pub_867.pdf https://www.mondaq.com/india/patent/558400/a-primer-to-patent-application-drafting-with-special-emphasis-on-standard-practises-before-the-indian-patent-office https://photonlegal.com/aftermath-of-poor-patent-drafting-a-series-part-ii/

  • Internet Cookies: Impact on Online Privacy

    What are Internet Cookies? Internet cookies are text files that contain a small amount of data, such as a username and password, and are used to identify a computer when it is connected to a computer network. HTTP Internet cookies help to identify specific users and to improve the web browsing experience. The server creates the data stored in an internet cookie when the user connects. This information is labeled with an ID that is unique to the user and their computer. When an internet cookie is exchanged with a network server, the server reads the ID and knows what specific information to serve the user. How Are Internet Cookies Used? Session Management - Internet cookies, for example, allow websites to recognize users and remember their unique login information and preferences, such as sports news versus politics. Personalization - The most common way internet cookies personalize user sessions is through customized advertising. When the user views specific items or parts of a website, internet cookies use this information to help build targeted ads that may interest them. Tracking - Shopping sites use internet cookies to track items that users have previously viewed, allowing the sites to suggest other goods that may interest users and to keep items in shopping carts while they continue shopping. Internet cookies are stored locally on the user’s device to free up space on a website's servers. This allows websites to be customized while saving money on server maintenance and storage. Types of Internet Cookies First-Party Internet Cookies - First-party internet cookies are those that are stored on a website (domain) that the user has visited directly. Publishers use these internet cookies to collect analytical data and optimize website functionality, such as remembering language preferences. Further, First-party internet cookies are enabled by default and aren't going away anytime soon. This is because they are required to carry out key website functions. Third-Party Internet Cookies - Third-party internet cookies are set by domains other than the one the user visited. This occurs when a user visits a website that contains a third-party internet cookie file, such as an ad. Third parties use these internet cookies for tracking, ad serving, and retargeting. Third-party internet cookies are already blocked by default in web browsers such as Safari and Firefox. Session Internet Cookies - internet cookies, also known as non-persistent internet cookies, act as a website's memory. They only keep track of the users' visits until they close the browser, i.e., they expire immediately after the session. Session internet cookies allow the publisher's website to track users’ activity across multiple pages during a single session. For example, items placed in an e-commerce store's cart would disappear every time a user refreshed the page or proceeded to checkout if session internet cookies were not used. This is because websites typically treat each new page request as if it were from a new user. Persistent Internet Cookies - The publisher usually specifies an expiration date for persistent Internet cookies, also known as permanent Internet cookies. Users' devices remember the information they set, such as language preference, settings, login details, and so on. These internet cookies are also known as tracking internet cookies. This is because they track users' behavior on the website over time. Secure Internet Cookies - Secure internet cookies will only be present on a website with an HTTPS protocol. This ensures an encrypted connection and prevents internet cookie theft. Zombie Internet Cookies - Zombie internet cookies, also known as ever internet cookies and super internet cookies, are not internet cookies in the traditional sense. They are usually in the form of an image, a locally shared object, or HTML5 Web storage. They reappear as regular internet cookies even after the original internet cookies have been deleted, giving rise to the term "zombie internet cookies. How Does Internet Cookie Work? An internet cookie comprises three parts: the name, the value, and the attribute. An internet cookie is identified by its name by a website or a third-party server. The server generates a random alphanumeric value to identify users when they return to the website or cross-track across websites. The attributes store internet cookie information such as the expiration date, domain, path, and flags. What Information Does Internet Cookie Hold? We know that every internet cookie contains at least the name of a website as well as an ID for the user. However, some websites will include additional information in the Internet Cookie that is stored on your the user’s computer. An internet cookie, for example, could contain any of the following: How much time does the user spend on a website The links the user visits while on the website The options, preferences, or settings the user selects Accounts accessed Keeping track of which pages have been visited in the past Items in a shopping cart Internet Cookie Size Limit per Domain Another limitation imposed by some browsers is the amount of space that a single domain can use for internet cookies. This means that if the browser has a limit of 4,096 bytes per domain and one can set 50 internet cookies, the total amount of space those 50 internet cookies can use is 4,096 bytes — approximately 4KB. Some browsers do not impose a size restriction. As an example: Chrome has no limit on the maximum number of bytes per domain. Firefox has no limit on the maximum number of bytes per domain. Internet Explorer allows between 4,096 and 10,234 bytes. Opera allows 4,096 bytes. Safari allows 4,096 bytes. Accepting and Rejecting Internet Cookies A shopping website, for example, would use internet cookies to remember the items the user has placed in a virtual basket before checking out. On the other hand, a social network may use Internet cookies to track the links they click and then use that information to show them more relevant or interesting links in the future. internet cookies are typically used to enhance the user experience. However, privacy advocates have expressed concern that information about themselves, particularly their browsing habits, may be stored. On the other hand, some companies will simply refuse to allow a user to use their website if they do not accept internet cookies. Some websites will no longer allow access without internet cookie permission, especially since the implementation of GDPR (and the hefty fines that come with it). It's usually because some websites simply won't function properly without internet cookies. However, the majority of the internet is accessible without accepting internet cookies. Of course, there are advantages to accepting internet cookies. Accepting internet cookies will give the user a more tailored experience with more relevant content, so it's usually worth it unless one is particularly concerned about privacy. Dangers of Accepting Internet Cookies It's not like one can get a virus from an internet cookie; they're just plain text files with no executable code. However, depending on how internet cookies are used and exposed; they can pose a significant security risk. Internet cookies, for example, can be compromised. Because most websites use internet cookies as the only identifiers for user sessions, an attacker who hijacks an internet cookie may be able to impersonate a user and gain unauthorized access. Capturing Internet Cookies over Insecure Channels - Any authentication internet cookie should always be transmitted securely, but this is not always the case. Internet cookies without a security flag are one example. When an internet cookie is marked with the Secure flag, the browser is informed that the internet cookie can only be accessed via secure SSL/TLS channels. If the secure flag is not set, an internet cookie can be sent in cleartext, for example, if the user visits any HTTP URLs within the scope of the internet cookie. An attacker eavesdropping on network traffic could easily capture the internet cookie and use it to gain unauthorized access. Session Fixation – This is another attack that allows an attacker to hijack a legitimate user session. This time, it takes advantage of a flaw in the way the web application manages the session ID. For example, if an application allows a session token in the query parameters, an attacker could send a user a URL that includes a specific session ID in its arguments. The attacker can now hijack the session if the user authenticates using this URL. Cross-site Scripting (XSS) - Cross-site scripting is another method for stealing internet cookies by exploiting websites that allow users to post unfiltered HTML and JavaScript content. For example, if a user clicks on a malicious link posted by an attacker, the JavaScript code may be executed, causing the victim's web browser to send the victim's internet cookies to a website controlled by the attacker. Internet Cookie Tossing - An internet cookie tossing attack involves delivering a malicious internet cookie disguised as coming from the targeted site's subdomain to the user. This is especially problematic when a website allows untrusted individuals to host subdomains under its domain. When a user visits the target site, all internet cookies, both valid and those that appear to be from subdomains, are sent. How to Protect Data Privacy on Websites with Internet Cookies? Third-party tracking internet cookies are the only type of internet cookie that website visitors who want to protect their privacy should be concerned about. Although most internet cookies on popular websites are safe, many are used to serve relevant advertisements. Consider the following options to block internet cookies and protect data privacy: Internet cookies can be blocked in modern browsers. The user can disable all internet cookies, but this will break many websites' features and functions. A better approach would be to only block third-party internet cookies. It should be noted that not all third-party internet cookies are classified as "bad internet cookies." This option will almost certainly break some sites that use third-party internet cookies, even if they are not tracking internet cookies. As a result, some of these sites may not function properly or at all. The user can also block and allow internet cookies on a per-site basis. This will require more work and monitoring, but it will give them more flexibility and control over their privacy and user experience on the various websites they visit. Modern browsers also include an "incognito" mode. An incognito browser session starts with a blank slate. There are no browsing histories or internet cookies. Because internet cookies are accepted by the browser in incognito mode, all websites will function normally. However, those internet cookies are not saved indefinitely, becoming essentially session internet cookies. One disadvantage is that you will have no saved logins if these internet cookies are not present. Nonetheless, this option will defeat third-party internet cookie tracking attempts. There are third-party Chrome extensions that provide internet cookie-related functionality, such as deleting internet cookies after leaving a site. Laws Governing Internet Cookies EU Internet Cookie Consent Laws - The EU Internet cookie laws apply to any website with EU visitors, regardless of the business's physical location. They require businesses to: Obtain permission before installing trackers or internet cookies on users' browsers. Provide specific details about all trackers and internet cookies used on their websites. Make it simple for users to withdraw or opt out of consent. Internet Cookie Consent Laws in the United States - While several states in the United States have passed or are considering legislation, federal privacy laws in the United States are generally lax in comparison to other major countries. Except for the Children's Online Privacy Protection Act (COPPA), which regulates the activity of websites and online services aimed at children under the age of 13, the United States does not require consent for internet cookies. COPPA only applies to the collection of personal information from children under the age of thirteen. If any of the following apply, one must comply with COPPA: The website or app's content is directed at children under the age of 13, and it collects their personal information; The website or app is intended for a general audience, but the operators are aware that children under the age of 13 visit their site and that they collect personal information from them. In its Children's Online Privacy Protection Rule: A Six-Step Compliance Plan for Your Business, the Federal Trade Commission (FTC) defines "website or online service" as including all of the following: Mobile apps that send or receive data over the internet Platforms for online gaming Advertising networks with plug-ins Location-based services with Internet access Services for voice over internet protocol Internet Cookie Consent Laws in Canada - Canada's privacy laws are much stricter than those in the United States but not as strict as those in the European Union. Canada's anti-spam and privacy laws govern the use of internet cookies through: Personal Information Protection and Electronic Documents Act (PIPEDA) Anti-Spam Legislation in Canada (CASL) PIPEDA recognizes both "express" and "implied" consent. Express consent, also known as "opt-in" consent, is provided explicitly through a specific action. Inaction can be used to infer implied consent or "opt-out" consent. Before installing certain computer programs, including internet cookies, websites, and apps operators must obtain express consent under CASL. Website operators can assume that a user has given explicit consent for internet cookies under CASL if "the person's conduct is such that it is reasonable to believe that they consent to the program's installation.” Internet Cookie Consent Laws in the United Kingdom - The Data Protection Act of 2018 governs privacy and consent in the United Kingdom. Before collecting personal data from users, the Data Protection Act requires the operators to obtain their express consent. The act is the UK's implementation of a GDPR directive that applies to all member countries. Notably, the British government recently proposed departing from EU data protection laws. To reduce the barrage of internet cookie consent banners, the United Kingdom is considering switching to an opt-out rather than an opt-in framework. Internet Cookie Consent Laws in China - China's Personal Information Protection Law (PIPL) was passed in 2021, and it imposes some of the most stringent requirements for collecting personal data. Under the PIPL, very specific conditions must be met to remove personal data from within China's borders. Violations of the law can result in significant fines for the company as well as individual employees. Future of Internet Cookies According to a recent statement, Google intends to phase out the use of internet cookies by 2023. This is part of a larger strategy to strengthen privacy regulation in light of international laws such as the European Union's General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). By the end of 2022, Google hopes to have new technology in place to replace third-party internet cookies. This way, developers can begin to adopt the new technology, allowing internet cookies to be phased out by the 2023 deadline. What exactly are the technologies? Unfortunately, the answer is still a mystery. According to some reports, Apple intends to make the mobile device ID, also known as the Identifier for Advertisers (IDFA), opt-in only. According to USA Today, "a technique that hides users in large online groups based on their interests while keeping web browsing histories on devices to maintain privacy" is one of Google's leading ideas to replace third-party internet cookies. Conclusion The emphasis should be on ensuring that cookies are used in a secure manner. Many simple steps can be taken by a developer to mitigate vulnerabilities; for example, enabling the HTTP Only flag when generating a cookie reduces the risk of a client-side script accessing the protected cookie. Similarly, the Secure Cookie flag prevents the cookie from being sent over an unencrypted HTTP request, removing the possibility of unauthorized parties observing it due to cleartext cookie transmission. A user can also take simple steps to avoid cookie-related security risks. For example, it is critical for the user to keep their browser up to date. Furthermore, most modern browsers allow the user to delete or even block cookies. If the users are not satisfied, there are several browser plugins/extensions available to manage or even delete cookies automatically. This can also be used to address privacy concerns, as it makes it easier to block those pesky advertising cookies. References https://www.the-sun.com/tech/3637168/what-is-Internet Cookie-internet-accept-info-decline-delete-Internet cookies -explained/ https://www.kaspersky.com/resource-center/definitions/Internet cookies https://blog.getadmiral.com/Internet Cookie-consent-law-in-eu-us-uk-and-other-countries https://usercentrics.com/knowledge-hub/Internet Cookieless-future-will-Internet cookies -become-the-next-dinosaur/ https://resources.infosecinstitute.com/topic/Internet cookies -an-overview-of-associated-privacy-and-security-risks/ https://www.dbswebsite.com/blog/website-Internet cookies -and-data-privacy/

  • Countdown to Implementation: Unified Patent Court Set to Begin on June 1, 2023

    1st June 2023 marks the commencement of the Unified Patent Court in Europe. This new forum has the potential to completely alter the way patent holders defend and commercialize their intellectual property (IP) in Europe. It is set to make the process easier and more effective. In accordance with the UPCA's provisions, the UPC will take effect on the first day of the fourth month following the month in which the final ratification needed by the UPCA is lodged. Before the UPCA may go into effect, it must be ratified by 13 participating Member States, among which must be the "three States in which the highest number of European patents was in force in the year preceding the year in which the Agreement takes place." France, Germany, and Italy are the three nations now that the UK has left the EU. Germany's ratification (on February 17, 2023) was the last requirement to start the countdown to the UPCA's entry into force on June 1, 2023. Unified Patent Court (UPC) The Unified Patent Court (UPC) is a proposed specialized court system that would have jurisdiction over patent disputes within the European Union (EU). The main goal of the UPC is to create a unified and efficient patent litigation system for EU member states. UPC Jurisdiction across EU Member States The Agreement on a Unified Patent Court (UPCA) has been ratified by 24 EU member states (all EU member states except Spain, Poland, and Croatia). The UPCA will first be in effect in the 17 states that have ratified it. The UPCA may be ratified at any time by the seven remaining EU member states that have signed it but have not yet done so. Furthermore, the UPCA is still open to future ratification by EU Member States that have not yet signed it. Structure of the UPC The UPC will have a Court of First Instance and a Court of Appeal, with the Court of First Instance being further divided into a Central Division, Local Divisions, and Regional Divisions, and a Court of Appeal. Court of First Instance Regional divisions are a type of local division that offers a UPC first instance court for several participating states simultaneously in circumstances where the volume of patent cases in those states each year is insufficient to support their own local divisions. A municipal, regional, or even central division court may hear infringement cases, but only the central division has the authority to rule on requests for declarations of non-infringement and revocation. The central division is divided between Paris (the main seat of the central division), Munich, and a third seat (formerly given to London until the UK withdrew from the UPCA); its new location has not yet been determined, although Milan is a front-runner. According to IPC classifications, each seat of the central division will handle cases based on the patents' respective subject matters: International Patent Classification of WIPO sections (A) and (C) assigned cases on patents concerning human necessities, pharmaceuticals/chemistry, including genetic engineering, and metallurgy to the "London" central division. Cases involving mechanical engineering patents in IPC class F will be heard in Munich. The Paris Central Division will handle appeals for all other patent classes. Court of Appeal The Court of Appeal will be based in Luxembourg. Unitary Patent The "Unitary Patent," also known as the "European Patent with Unitary Effect," is a single patent that will apply to all participating Member States of the European Union. The current European Patent application process will be used to obtain unitary patents, which will be enforceable across all participating Member States in a single lawsuit brought before the new Unified Patent Court. Impact of UPC on Patent Grant and Enforcement The legislation establishing this system of the Unified Patent Court would radically alter how patents are issued and upheld in Europe. The European Patent Office currently grants patents centrally; however, this results in a collection of national patents that must be enforced independently on a country-by-country basis throughout Europe. Such enforcement may lead to higher litigation expenses, protracted legal proceedings, and inconsistent outcomes. A Unitary Patent will be enforceable in the Unified Patent Court under the new system, and rulings on its validity and ability to prevent infringement will be binding on all participating Member States. A more effective, predictable, and simplified patent system is anticipated as a result of the Unified Patent Court's handling of Supplementary Protection Certificates. Opt-out Option and the Sunrise Period By explicitly asking that their patents be excluded from the new Court's jurisdiction, European patent holders or applicants have the option to "opt out" of the UPC's exclusive jurisdiction. As long as no third party has already brought an action against those patents before the UPC, this will be possible. National courts will continue to have jurisdiction over matters of infringement and validity, as the "opt-out" is used. This could provide a difficulty because a third party could file a lawsuit against the patent holder before the UPC as soon as the UPC Agreement goes into effect, which would prevent the patent holder from using the "opt-out" provision. In this scenario, the UPC would have the authority to make these decisions, disabling the holder from using the so-called "opt-out". A three-month window has been set aside before the UPC Agreement goes into effect for the patent holder to request the "opt-out" in order to prevent this scenario. On March 1, 2023, the so-called "sunrise period" officially began. After the UPC Agreement goes into effect, the option to "opt out" will still be available for seven years (with an additional seven-year extension). The "opt-out" must be submitted directly to the UPC; it cannot be submitted to the EPO. The Case Management System of the Unified Patent Court should be used to do this. Last but not least, it should be kept in mind that the absence of nations like Spain or Croatia from this system at the moment due to their failure to ratify the UPC Agreement does not preclude Spanish or Croatian legal or natural persons from applying for a UP or taking part in related disputes before the UPC Agreement. Advantages and Disadvantages of the UPC The central enforcement provided by the UPC is a significant benefit. This benefit must be evaluated against the possibility of central revocation, however. Using single litigation at the UPC could help avoid parallel national litigation in numerous jurisdictions, which could lead to inconsistent rulings. The potential for cost savings also exists when parallel national lawsuits are avoided. The cost comparison will depend on whether the country (or countries) is of business interest because the cost of litigation differs in each nation. At the UPC, litigation is supposed to go quickly. This can work to your advantage if getting a quick conclusion is your top goal. Due to the strict timeframes involved, this could also be seen as a disadvantage. The UPC is a brand-new, unproven court, thus there isn't any precedent to draw from to determine what position the court will probably take on certain legal issues. For a while, fear of the unknown has been one of the fundamental issues surrounding the UPC. However, parties engaged in UPC litigation have the chance to influence the case law that will be used by this new court. Conclusion There will be three main ways to secure patent protection in Europe after the Unitary Patent is implemented on 1 June 2023, as well as two ways to pursue litigation. European filing tactics would consequently become increasingly complex. The applicants will need to start thinking about a number of choices, such as choosing between national validations and unitary patents; using the national patent office directly rather than the European Patent Office; and choosing not to opt for the new legal system if they already have European Patents. The new system ought to provide less expensive European-wide patent protection. Traditional European Patents may still be a more cost-effective option for some applicants who only need limited regional coverage. References https://www.mondaq.com/uk/patent/1285176/insights-breaking-news-the-upc-is-due-to-open-on-1st-june-2023 https://www.allenovery.com/en-gb/global/news-and-insights/the-unified-patent-court https://www.epo.org/applying/european/unitary.html https://www.copperpodip.com/post/role-of-germany-in-setting-up-unified-patent-court-upc https://woodsford.com/aus/view-our-webinar-the-upc-are-you-ready-for-the-june-1-launch/ https://www.herbertsmithfreehills.com/insight/the-unified-patent-court-and-unitary-patent-%E2%80%93-an-introduction https://www.spruson.com/news/the-unitary-patent-and-the-unified-patent-court-impact-on-patentees/ https://www.spruson.com/news/the-unitary-patent-and-the-unified-patent-court-impact-on-patentees/ https://www.unified-patent-court.org/en/court/presentation

  • Role of Germany in Setting up Unified Patent Court (UPC)

    What is Unified Patent Court (UPC)? The Unified Patent Court (UPC) aims to coalesce the different patent litigation systems functioning across Europe into a single unified court that will oversee all the patent disputes for all the Member states willing to be a part of the UPC system. UPC embodies a single court that will sanction decisions on the infringement and validity of the European patent. Under the current system, the European Patent Office (EPO) grants separate patents to European nations. To assert a patent, individual contentions need to be filed for each member nation. Hence, asserting a patent or seeking revocation of a European patent in every partner nation is burdensome and not cost-effective. Owing to this, inventors choose to enforce patents in selective nations- making patent enforcement concentrated. The newly introduced Unified Patent Court (UPC) regime makes it possible to launch a collective infringement campaign that will cover all the member states of the UPC system. All the patents filed with the European Patent Office (as EP patents) and as Unitary Patents are covered by UPC. Unitary Patents allow the patentee to obtain patent protection and rights in up to 25 European Union Member States by submitting a single application to the European Patent Office. With this, the UPC eradicates parallel disputes concerning the same patent rights in EU member states. The UPC rulings will be enforceable across all participating member states. The European Patent Office states that the UPC will be beneficial and will: ● establish a unified and highly efficient forum for patent enforcement (including patent infringement and validity) in Europe. ● end the requirement of separate litigation in different countries. ● provide simplified and a common set of laws across the participating members. Unified Patent Court Agreement (UPC Agreement) The UPC Agreement is an international agreement between the participating EU member states which governs the inception of the UPC judicial regime. According to the UPC Agreement, for the UPC system to come into action, at least 13 EU countries, including the three countries that had the most European patents in effect in 2012 – Germany, France, and the UK, must pass national legislation ratifying the UPC Agreement. The UPC agreement was brought to notice on 19 February 2013 with the target of introducing the UPC system by 2017. This was a zealous target since the new court system and the concept of Unitary Patent would require appointing and training Unified Patent Court judges as per the UPC guidelines. Despite the seemingly strict deadline for the enforcement of the UPC, France ratified at an early stage in the process, and the UK also agreed to the ratification before Brexit. The Brexit did not hinder the Unified Patent Court Agreement. However, according to Art. 89(1) of the UPC Agreement, the UPC system could only be launched if Germany would also ratify the UPC Agreement (being one of the three countries that had the most European patents in effect in 2012). Germany’s Attempt at Ratification Germany’s maiden attempt at ratification, in March 2017, was followed by the filing of the first constitutional complaint, including an application for a preliminary injunction against the Unified Patent Court Agreement. The German Federal Constitutional Court (FCC) halted the German Federal President from signing the UPC Agreement into law. The wait for the FCC’s decision left the fate of the Unified Patent Court hanging. After 3 years of uncertainty about UPC, on February 13, 2020, the FCC rejected the ratification and ruled it to be null and void. This was because the ratification bill did not fulfill the two-thirds majority requirement for legislative acts that transfer core sovereign rights to international bodies. Following the FCC’s decision, the German government, in June 2020, introduced the second Unified Patent Court Agreement Approval Act in the Bundestag, lower house of the German federal parliament. The Bundestag passed the Act with a two-thirds majority. Shortly after the Bundestag’s ruling, Bundesrat, the German parliament's upper house also approved the Act. But, this did not conclude the German ratification. Two further constitutional complaints including motions for interim measures brought the Act and the German ratification to a standstill. The complainants contended that the UPC Agreement violates their right to democratic self-determination (Art. 38(1) of the Basic Law for the Federal Republic of Germany (GG) in conjunction with Art. 20(1) and (2) and Art. 79(3) GG), based on the UPC Agreement’s inadequacies relating to, for example, the selection and independence of its judges and (the lack of) procedural safeguards (relating to the democratic legitimacy of the administrative committee and costs). On June 23, 2021, the FCC dispersed both applications for preliminary injunction based on the inadmissibility of the main constitutional complaints. The basis of rejection was the failure of complainants to provide satisfactory evidence of their fundamental rights being violated. In addition, the complainants argued that the Agreement would result in European Union law being influential over national law. The FCC referred to Art. 20 of the UPC Agreement and based its decision thereon. Art. 20 guarantees compliance with EU law. The complaints were hence dismissed. In contrast to the first decision, the FCC was more thorough and took more time with the current decision. Because of the FCC's decision, the German President will be able to sign the second UPC Agreement Approval Act into law, and will likely enter into force soon. Since the ratification Bill has been approved by the sections of the Government, it is expected that the long wait to completion of the ratification process will end, and the UPC will be in effect shortly. How Many Countries Have Ratified the Agreement on a Unified Patent Court? Currently, 25 EU nations have signed the 2013 treaty to establish the UPC. Out of which, 15 European Union countries have ratified. Despite the hurdles, German ratification has faced, and with Brexit, UPC is expected to become functional by 2023. Once the ratification process is complete following Germany’s parliament passing the Bill, the commission in conjunction with the European Patent Office will work towards enforcing UPC and inspire the remaining EU countries to become signatories. The Court of Appeal, located in Luxembourg, will be responsible for hearing patent disputes. Art. 7(2) UPC Agreement discloses that the central division or the Court of First Instance of the Unified Patent Court will have its seat in Paris and sections in Munich and London. After Brexit, it has become uncertain where the remaining branches of the Unified Patent Court will be located. References https://www.pinsentmasons.com/out-law/news/germany-unified-patent-court-project-impetus https://www.cms-lawnow.com/ealerts/2021/07/german-federal-constitutional-court-clears-the-way-for-the-unified-patent-court https://www.cms-lawnow.com/ealerts/2020/10/germany-tries-again-to-ratify-unified-patent-court-agreement https://www.novumip.com/jp/insights/detail/an-update-on-the-unitary-patent/ https://www.epo.org/law-practice/unitary.html https://www.quinnemanuel.com/the-firm/publications/german-constitutional-court-clears-way-for-the-unified-patent-court/ https://www.epo.org/law-practice/unitary/upc.html https://www.mayerbrown.com/en/perspectives-events/publications/2021/08/ger-germany-ratifies-eu-unified-patent-court-agreement

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