184 research outputs found
Legal and Administerial Overreach by IPO while Considering Proof of Right Requirement
India being a dualist country has to domesticate treaty obligations to enforce the same at domestic level by enacting statutes, which in turn must be construed in the light of the parent treaty. This paper introspects the complexity in identifying the applicable rule concerning the Proof of Right requirement for Indian National Phase Applications under Patent Cooperation Treaty (PCT) Rule 4.17. It goes on to highlight the incongruity between the PCT regulations and the domestic law as interpreted and applied by the Indian Patent Office (IPO). A comparative study of legal positions in other also included for a better understanding of approaches by foreign patent office towards implementing PCT obligations concerning Proof of Right. In essence, this paper sheds light on how the IPO’s demand for proof of right contradicts with several provisions of the PCT Regulations, the recent PCT Applicant’s Guide for the national phase and concludes by mooting some suggestions to resolve the issue
Amendments at Indian National Phase: In Harmony with PCT Standards?
The Patent Cooperation Treaty (PCT) under Article 28 / Rule 52 or Article 41 / Rule 78 guarantees the applicant the right to amend claims, description and drawings before each designated/elected office, on national phase entry or at least one month thereafter, further to the amendments submitted during the International phase of the application. The Indian Patent Office (IPO) however refuses to allow amendments while entering the national phase,1 except for deletion2 of one or more claims under Rule 20(1)3 of the Patent Rules 2003. The Patent Offices of other PCT signatories like the European Patent Office(EPO), the US Patent and Trademark Office (USPTO), the Intellectual Property Office of Singapore (IPOS)4, the Chinese Patent Office (CNIPA) and the Brazilian Patent and Trademark Office (INPI)allow this amendment under Article 28/Article 41 PCT. The IPO accepts all other types of amendments such as merging of two or more claims, alteration of the claim language, etc. only during the national phase proceedings. These amendments can be made either through a request for voluntary amendments in Form 13 along with payment of the associated fee, or in response to the examination report. The latter requires, the applicant to wait until the examination report is communicated. In this article, we are attempting to analyze whether India is in line with the above mentioned provisions of PCT in respect of providing the applicants an opportunity to amend the claims further from that on file in the international phase, at the time of filing the national phase application
Amendments at Indian National Phase: In Harmony with PCT Standards?
61-67The Patent Cooperation Treaty (PCT) under Article 28 / Rule 52 or Article 41 / Rule 78 guarantees the applicant the right to
amend claims, description and drawings before each designated/elected office, on national phase entry or at least one month
thereafter, further to the amendments submitted during the International phase of the application. The Indian Patent Office
(IPO) however refuses to allow amendments while entering the national phase,1 except for deletion2 of one or more claims
under Rule 20(1)3 of the Patent Rules 2003. The Patent Offices of other PCT signatories like the European Patent Office
(EPO), the US Patent and Trademark Office (USPTO), the Intellectual Property Office of Singapore (IPOS)4, the Chinese
Patent Office (CNIPA) and the Brazilian Patent and Trademark Office (INPI)allow this amendment under Article 28/Article
41 PCT. The IPO accepts all other types of amendments such as merging of two or more claims, alteration of the claim
language, etc. only during the national phase proceedings. These amendments can be made either through a request for
voluntary amendments in Form 13 along with payment of the associated fee, or in response to the examination report. The
latter requires, the applicant to wait until the examination report is communicated. In this article, we are attempting to
analyze whether India is in line with the above mentioned provisions of PCT in respect ofproviding the applicants an
opportunity to amend the claims further from that on file in the international phase, at the time of filing the national phase
application
Legal and Administerial Overreach by IPO while Considering Proof of Right Requirement
20-30India being a dualist country has to domesticate treaty obligations to enforce the same at domestic level by enacting statutes, which in turn must be construed in the light of the parent treaty. This paper introspects the complexity in identifying the applicable rule concerning the Proof of Right requirement for Indian National Phase Applications under Patent Cooperation Treaty (PCT) Rule 4.17. It goes on to highlight the incongruity between the PCT regulations and the domestic law as interpreted and applied by the Indian Patent Office (IPO). A comparative study of legal positions in other countriesare also included for a better understanding of approaches by foreign patent office towards implementing PCT obligations concerning Proof of Right. In essence, this paper sheds light on how the IPO’s demand for proof of right contradicts with several provisions of the PCT Regulations, the recent PCT Applicant’s Guide for the national phase and concludes by mooting some suggestions to resolve the issue
Detecting a stochastic gravitational wave background with the Laser Interferometer Space Antenna
The random superposition of many weak sources will produce a stochastic
background of gravitational waves that may dominate the response of the LISA
(Laser Interferometer Space Antenna) gravitational wave observatory. Unless
something can be done to distinguish between a stochastic background and
detector noise, the two will combine to form an effective noise floor for the
detector. Two methods have been proposed to solve this problem. The first is to
cross-correlate the output of two independent interferometers. The second is an
ingenious scheme for monitoring the instrument noise by operating LISA as a
Sagnac interferometer. Here we derive the optimal orbital alignment for
cross-correlating a pair of LISA detectors, and provide the first analytic
derivation of the Sagnac sensitivity curve.Comment: 9 pages, 11 figures. Significant changes to the noise estimate
Search for non-relativistic Magnetic Monopoles with IceCube
The IceCube Neutrino Observatory is a large Cherenkov detector instrumenting
of Antarctic ice. The detector can be used to search for
signatures of particle physics beyond the Standard Model. Here, we describe the
search for non-relativistic, magnetic monopoles as remnants of the GUT (Grand
Unified Theory) era shortly after the Big Bang. These monopoles may catalyze
the decay of nucleons via the Rubakov-Callan effect with a cross section
suggested to be in the range of to
. In IceCube, the Cherenkov light from nucleon decays
along the monopole trajectory would produce a characteristic hit pattern. This
paper presents the results of an analysis of first data taken from May 2011
until May 2012 with a dedicated slow-particle trigger for DeepCore, a
subdetector of IceCube. A second analysis provides better sensitivity for the
brightest non-relativistic monopoles using data taken from May 2009 until May
2010. In both analyses no monopole signal was observed. For catalysis cross
sections of the flux of non-relativistic
GUT monopoles is constrained up to a level of at a 90% confidence level,
which is three orders of magnitude below the Parker bound. The limits assume a
dominant decay of the proton into a positron and a neutral pion. These results
improve the current best experimental limits by one to two orders of magnitude,
for a wide range of assumed speeds and catalysis cross sections.Comment: 20 pages, 20 figure
A combined maximum-likelihood analysis of the high-energy astrophysical neutrino flux measured with IceCube
Evidence for an extraterrestrial flux of high-energy neutrinos has now been
found in multiple searches with the IceCube detector. The first solid evidence
was provided by a search for neutrino events with deposited energies
TeV and interaction vertices inside the instrumented volume. Recent
analyses suggest that the extraterrestrial flux extends to lower energies and
is also visible with throughgoing, -induced tracks from the Northern
hemisphere. Here, we combine the results from six different IceCube searches
for astrophysical neutrinos in a maximum-likelihood analysis. The combined
event sample features high-statistics samples of shower-like and track-like
events. The data are fit in up to three observables: energy, zenith angle and
event topology. Assuming the astrophysical neutrino flux to be isotropic and to
consist of equal flavors at Earth, the all-flavor spectrum with neutrino
energies between 25 TeV and 2.8 PeV is well described by an unbroken power law
with best-fit spectral index and a flux at 100 TeV of
.
Under the same assumptions, an unbroken power law with index is disfavored
with a significance of 3.8 () with respect to the best
fit. This significance is reduced to 2.1 () if instead we
compare the best fit to a spectrum with index that has an exponential
cut-off at high energies. Allowing the electron neutrino flux to deviate from
the other two flavors, we find a fraction of at Earth.
The sole production of electron neutrinos, which would be characteristic of
neutron-decay dominated sources, is rejected with a significance of 3.6
().Comment: 16 pages, 10 figures; accepted for publication in The Astrophysical
Journal; updated one referenc
Characterization of the Atmospheric Muon Flux in IceCube
Muons produced in atmospheric cosmic ray showers account for the by far
dominant part of the event yield in large-volume underground particle
detectors. The IceCube detector, with an instrumented volume of about a cubic
kilometer, has the potential to conduct unique investigations on atmospheric
muons by exploiting the large collection area and the possibility to track
particles over a long distance. Through detailed reconstruction of energy
deposition along the tracks, the characteristics of muon bundles can be
quantified, and individual particles of exceptionally high energy identified.
The data can then be used to constrain the cosmic ray primary flux and the
contribution to atmospheric lepton fluxes from prompt decays of short-lived
hadrons.
In this paper, techniques for the extraction of physical measurements from
atmospheric muon events are described and first results are presented. The
multiplicity spectrum of TeV muons in cosmic ray air showers for primaries in
the energy range from the knee to the ankle is derived and found to be
consistent with recent results from surface detectors. The single muon energy
spectrum is determined up to PeV energies and shows a clear indication for the
emergence of a distinct spectral component from prompt decays of short-lived
hadrons. The magnitude of the prompt flux, which should include a substantial
contribution from light vector meson di-muon decays, is consistent with current
theoretical predictions.Comment: 36 pages, 39 figure
Determining neutrino oscillation parameters from atmospheric muon neutrino disappearance with three years of IceCube DeepCore data
We present a measurement of neutrino oscillations via atmospheric muon
neutrino disappearance with three years of data of the completed IceCube
neutrino detector. DeepCore, a region of denser instrumentation, enables the
detection and reconstruction of atmospheric muon neutrinos between 10 GeV and
100 GeV, where a strong disappearance signal is expected. The detector volume
surrounding DeepCore is used as a veto region to suppress the atmospheric muon
background. Neutrino events are selected where the detected Cherenkov photons
of the secondary particles minimally scatter, and the neutrino energy and
arrival direction are reconstructed. Both variables are used to obtain the
neutrino oscillation parameters from the data, with the best fit given by
and
(normal mass hierarchy assumed). The
results are compatible and comparable in precision to those of dedicated
oscillation experiments.Comment: 10 pages, 7 figure
Flavor Ratio of Astrophysical Neutrinos above 35 TeV in IceCube
A diffuse flux of astrophysical neutrinos above has been
observed at the IceCube Neutrino Observatory. Here we extend this analysis to
probe the astrophysical flux down to and analyze its flavor
composition by classifying events as showers or tracks. Taking advantage of
lower atmospheric backgrounds for shower-like events, we obtain a shower-biased
sample containing 129 showers and 8 tracks collected in three years from 2010
to 2013. We demonstrate consistency with the
flavor ratio at Earth
commonly expected from the averaged oscillations of neutrinos produced by pion
decay in distant astrophysical sources. Limits are placed on non-standard
flavor compositions that cannot be produced by averaged neutrino oscillations
but could arise in exotic physics scenarios. A maximally track-like composition
of is excluded at , and a purely shower-like
composition of is excluded at .Comment: 8 pages, 3 figures. Submitted to PR
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