Why Risk Poor Precision Metal Stamping Quality? Automotive Industry Averts Risk With APQP

Precision metal stampings are a critical component of so many products. Automotive components, medical devices, electronic parts – all contain metal stampings. For the part or the device to function properly, the stamping needs to be free of defects and of perfect quality.We continue our metal stamping quality article series with a discussion on APQP.Automotive industry refuses to take chances with precision metal stamping quality.Poor quality is not an option with the automotive industry. That’s why the ‘Big Three’ (Ford, GM, and Chrysler) created Advanced Product Quality Planning, better known as APQP.So what is APQP? Technically, “it’s a guide in the development process and also a standard way to share results between suppliers and automotive companies.” More simply put, it’s a way of making sure the automotive companies are involved in every step of the development and launch process with their suppliers – to ensure nothing goes wrong. Why? Ultimately, to ensure the ‘Big Three’s’ customers are satisfied with their automobiles.APQP is typically deployed in 5 concurrent and collaborative phases:Plan and Define Program
Product Design and Development
Process Design and Development
Product and Process Validation
Launch, Feedback, Assessment, and Corrective ActionSome of the questions that can be addressed through the APQP process are:Can the product/process be error proofed?
Can the product/process achieve a higher level of capability through tolerance design and/or process variation reduction?
What controls must be developed to ensure that defects cannot reach a customer?The APQP process actually monitors 23 topics before production is even started. Topics like design robustness, design testing, quality inspection standards, product packaging, and more.Metal stamping companies need to be prepared.There are a lot of suppliers wanting automotive business. Automotive manufacturers and the companies that represent them can demand that their suppliers abide by APQP processes.And that requirement certainly applies to metal stamping companies as well. Automotive suppliers need to ensure the metal stamping companies they do business with are committed to APQP and should insist they:Establish and continually monitor company-wide APQP processes
Utilize APQP tools such as Failure Mode Effect Analysis (FMEA) to ensure quality
Utilize advanced technology to verify stamping quality, thicknesses, and dimensions (sensors and gauges)
Implement sophisticated quality control plans and tools to ensure consistency and zero defect parts (i.e. Statistical Process Control (SPC)
Adhere to the Production Part Approval Process (PPAP)With these controls in place, metal stamping companies can do their part to ensure the automotive manufacturers achieve their ultimate goal of customer satisfaction.Want to know more about APQP?For comprehensive details on the APQP process, refer to the AIAG APQP Manual available through AIAG (Automotive Industry Action Group).

Black and White Photography As a Statement in the Art World

Black and white photography, or monochrome photography, occupies a unique place in the world of art and the visual media. It has been around for almost two centuries now, and it still has a little bit of down-looking from the art world. Even though the monochromatic tradition has been around for a couple of centuries, it can be traced back to 6000 years in history when we start to take ink and carbon works into the wider frame. In terms of art itself, photography is very young, so it is just a mere matter of time for it to be excelled into a greater state in the art world.Here is a great fact that will help answering the question why many people diverge between choosing color or monochrome in their work: monochrome photography enhances composition, therefore it gives a stronger message by subtracting the distraction that color inherently has.Composition is a much more complex concept that goes beyond the very well-known rule of thirds. Elements in composition include the following:· Lines· Shapes· Forms· Simplification· Negative space· RhythmAll of these elements aid the photographer to compose a message into a much more pleasant or aesthetic view of reality. The message is something that only exists in the fraction of a second the photographer decides to include into his camera settings. The message is part of the moment that the photographer decides to capture. Therefore, the message is presented better rather the realism that accurate color can render. Color photography is great for many purposes, but when talking about message, its instant punch is quite softer than when it is presented to the viewer in a monochromatic format. The much accepted theory behind this statement, is that color pretends to achieve a greater grade of realism, and that black and white turn apart and pretend to see things differently, and by removing color we have:

Something different from reality

A greater message by removing the distraction that color gives
Another magnificent aspect about black and white photography, is that it has been a very democratic and almost generous medium. Developing black and white film is a work of art and creativity in a much larger scale if compared to color film. The thing is that black and white film can resist much more severe changes in the development procedure (temperature, time of development, time of fixation, etc.) and color film is much more precise work, it is a more delicate chemistry if you like to view into the chemical line. And this was somehow inherited in the digital format by allowing black and white photography to endure more extreme settings when contrasting than color photography. Color photography starts to get weird looks much earlier than black and white when cranking up the controls in RAW development. Even with printing, black and white photography has a richer history than color photography thanks to papers and printing processes.

Is India Geared Up for Business Method Patent?

Introduction

Today technology is changing expeditiously. New technical inventions are taking place in huge number. These new inventions open new field of subject-matter for protection under Intellectual Property Law. Intellectual Property law gives an umbrella protection to new inventors. Patent provide protection for those line of process, products which are novel and are capable of proving that it involves an inventive step. USPTO grants maximum patents in a year. The paper written here advocates the invalidity of Business Method patent in Indian scenario. Business method today is capable of IP protection in countries like USA, Australia, Japan and New Zealand. India is against granting of protection to Business Method.

Definition: Business Method Patent

Business Patents are those patents which are given to business methods or business systems or like. A business method may be defined as “a method of operating any aspect of an economic enterprise”. Business method patents are part of a larger family of patents known as utility patents, which protect inventions, chemical formulas, processes, and other discoveries. A business method is classified as a process, because it is not a physical object like a mechanical invention or chemical composition.

Background To Business Method Patents

Business Method Patents were not considered as a subject matter for protection under Patent Law. Earlier Business Method was considered as an abstract idea and was thus not falling under the purview of Patents. But by a decision by a Federal Court even Business Method have been granted patent protection. Section 101 of US Patent Act defines Inventions which are capable of Patent protection.

A combine reading of Sections 101, 102, 103 and 112 will lead to following construction:

o Any process, machine or composition of matter may be patented if;

o It is new (Novelty Section 102), Non-obvious (Section 103) and is capable of adequate description and invention (Section 112).

Protection Under TRIPS

TRIPS also provide subject matter for patent protection. Article 27 paragraph 1 of the agreement on Trade-Related Aspects of Intellectual Rights (TRIPS) provides that “patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application…”

Further, Article 27 paragraph 2 of the TRIPS agreement permits Members to “exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect order public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because the exploitation is prohibited by their law.”

Cases In Which Business Method Was Upheld

Concept of Business method patent is now a decade old. State Street case is an important decision in this regard. Further developments have taken place after this judgment.

Business Method was considered as an exception to Patent protection until 1998. The first case of this kind was filed in the year 1908. In Hotel Security case the question was whether business methods can be said to be patentable. Here the case rejected the argument of it being capable of protection and created a per se exception to business methods. It was until year 1998 that this position was accepted.

1. State Street Bank v. Signature Financial Group, Inc.

In the present case the District Court had rejected application for Business Method Patent on the said process of “hub and space”. But Later the Federal Circuit confirmed that there is no rule which prohibits the patentability of “business methods.” The Court stated “The judicially-created business method exception to patentability is . . . an unwarranted encumbrance to the definition of statutory subject matter in section 101 that should be discarded as error-prone, redundant, and obsolete.” It merits retirement from the glossary of section 101. Patentability does not turn on whether the claimed method does “business” instead of something else, but on whether the method, viewed as a whole, meets the requirements of patentability as set forth in Sections 102, 103, and 112 of the Patent Act.

Federal Court further clarified that it was never intended that business methods should be kept out of the subject matter. Rather in earlier few cases claim was rejected due to incapability of those methods to be taken as inventions. Thus, State Street confirmed that business methods can be patented if they meet the statutory requirements of utility, novelty and non-obviousness.

2. Amazon.com Inc. v. Barnsandnoble.com

In this case one-click patent to Amazon.com was criticized by few writers on the ground of it being “unplanned mutation”. Here an injunction was granted to Barnes & Noble for not using the said feature. This case clearly reflects drawbacks that can arise in case a business patent is protected in countries which are still developing their technologies. Later part of my paper deals with disadvantage that granting a business method patent can have.

Amendments Brought After State Street Case

Now that the situation is clear with respect to business method patents in US laws, it can be said that business method are capable of granting patent protection. But in order that no ambiguity remains the USPTO publicly announced that in terms of granting protection sufficient prior art search should be undertaken.

1. Class 705

A new classification (Class 705) was introduced for the filing of business method patents under the more generic utility patent applications: “Data processing: financial, business practice, management or cost/price determination.” Specifically, Class 705 includes sub-categories for industries such as health care, insurance, electronic shopping, inventory management, accounting, and finance.

2. Amendment In Title 35

Section 100 Title 35, United States Code, was amended to provide for improvements in the quality of patents on certain inventions. Thus, ‘Business Method Patent Improvement Act of 2000”was passed. The term business method patent has been defined under the Act. What is surprising is the fact that under the definition any “technique used in Athletics” can also be qualified as a Business Method Patent.

Interim Guidelines

For providing better uniformity in the system Interim Guidelines were published for Examination of Patent Applications for Patent Subject Matter Eligibility on October 26, 2005

Lacunas Prevalent In Method Adopted At USPTO

It has been observed that the method of granting patent in USPTO is without a substantial base. Patents at USPTO are granted not on a quality basis, rather on quantity basis. The following are serious lacunas which should be given a serious thought:-

1. In USPTO examiners are not properly trained to search prior art. Prior art search is scattered and hence proper care is required while doing a prior art search. But since the examiners are not provided with enough resources quality somewhere lacks while granting a Patent

2. Further it has been observed that in USPTO examiners get bonuses on allowing a patent rather than rejecting it. Hence the result can be seen more the acceptance by examiners, more the bonus. The process should change and bonus should be given only while rejecting a patent.

3. Once a patent is granted USPTO doesn’t conduct a review or quality control.

4. Mostly claims use ambiguous language which leads to more confusion in mind of patent examiner.
Thus affecting the quality of specific invention.

Disadvantage O Granting a Business Method Patent

1. Once a patent is granted for an invention it is capable of securing the rights of patentee for a period of 20 years. Thus it can be well understood that if patent is granted for a business method then it would obstruct new technological research for the next 20 years to come.

2. Granting a patent on business method would create a monopolistic situation which would hinder growth. It would mean an unhealthy competition.

Advantage Of Granting A Business Method Patent:

1. Copyright protection is insufficient to protect Business method. All Research and Development that is done requires that something more that Copyright protection should be given in order to reward Business ideas.

2. Start-ups should be encouraged. New companies would benefit with a concept of such kind. Initially patent protection to such starting groups would definitely benefit them in order to have a strong stand in front of powerful companies. Business method patents create the artificial scarcity needed to preserve market power and restore the incentive to innovate.

Solution For A Business Method Protection

1. The paper here accepts granting of business patents but not at the cost of technological or economical growth. Thus in order to benefit both inventor and other co-inventors in line it would be better to grant patent protection only for a limited period of 3 years for Business method Patents. Thus law should help in sustaining a collaborative effort.

2. Change in the Patent System at USPTO is also required. The one sentence rule should be eliminated so as to faciltitate clearer language. Thus, it would help patent examiners and also leave less scope for manuplation by patent lawyers. Also person applying should disclose his computer code to the patent examiner.

3. Salary of Patent examiners should be increased. Also USPTO should give bonuses on rejecting a patent application rather than on accepting it as earlier mentioned in paper.

Should Patent Be Granted On Business Method In India

India is a developing economy. We are still unable to cope up with many threats like poverty, unemployment and population. In global market India is considered as a growing economy. Our youths are taking India to greater heights. All this reflect that we require a technological and economical boom. It needs to be mentioned that countries which have granted business method patents are developed countries. Conformance with TRIPS is particularly slow in developing countries, notably Argentina, Brazil, India and Egypt. Further I believe that granting a business method patent in India would impede technological growth in our country. Hence I am of opinion that business method patent should not be granted in India.

Conclusion

With boom in intellect ideas in corporate world it is required that these should be protected and respected. But fortification of these ideas by means of patent might not be profitable at this stage in developing countries. Grant of business method patent in US saw mixed reactions from experts of law. Moot problem was the modus operandi for granting of business method patent at USPTO. US have also drafted an Act called Business Method Patent Improvement Act of 2000 with respect to protection of business methods ironically athletic techniques are also within the purview of Business methods.

Patent over a particular invention protects it for a period of twenty years. Thus a patentee acquires an exclusive right over it (subject to Patent Act) and thus has right to prevent infringement of it during the said period. Thus in case of protection to business method the patentee would be in a position to stop the claimant of patent for a period of 20 years. Thus it would imply that business related methods/ideas would be retarded for such a long period. It can be thus concluded that Business method may be granted but it should be granted for a lesser duration of time and preference should be given to new companies. Thus Indian Patent system may move a step ahead for grant of Business method patent in future but not at present. It would be beneficial that there is no amendment in Section 2(k) of Indian Patent Act, 1970 for the next five years.