Annual report 2015-2016 released – Samsung tops charts, IBM patents, Patent Litigation, Patent tips and more, presented by the Patent attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm.
Patent Quote of the week
“To achieve patent commercialization success, every inventor must think like a business man.” – Dr. Kalyan C. Kankanala, Renowned IP Attorney, Author and Professor.
Indian Patent Statistics
The Activity at Patent office this week has been on the low side as compared to the previous week. The total number of applications published from 1st April to 7th April 2017 has dropped down by 12.38%, although the number of early publications has seen a very significant increase of 272.22% . This week the Kolkata Patent office published 4 applications seeking restoration of their patent; any person who wishes to oppose restoration of the published patents may do so before 7th June 2017.
Early Publication
|
City |
Previous Week | This Week | Percentage of change |
|
Delhi |
11 | 4 | 63.63% decrease |
|
Mumbai |
8 | 41 | 412.5% increase |
| Chennai | 16 | 78 |
387.5% increase |
| Kolkata | 1 | 11 |
1000% increase |
| Total | 36 | 134 |
272.22% increase |
PUBLICATION
|
City |
Previous Week | This Week | Percentage of change |
|
Delhi |
487 | 255 | 47.63 % decrease |
|
Mumbai |
165 | 168 | 1.81% increase |
| Chennai | 130 | 173 |
33.07% increase |
| Kolkata | 22 | 6 |
72.72% decrease |
| Total | 804 | 602 |
25.12% decrease |
Publication for Restoration of Patent (Kolkata): 4
TOTAL PUBLICATION (Previous Week): 840
TOTAL PUBLICATION (This Week): 736
Percentage: 12.38% decrease
PUBLICATION UNDER GRANT
|
City |
Previous Week | This Week | Percentage of change |
|
Delhi |
157 | 150 | 4.45% decrease |
|
Mumbai |
32 | 31 | 3.12% decrease |
| Chennai | 92 | 67 |
27.17% decrease |
| Kolkata | 63 | 83 |
31.74% increase |
| Total | 344 | 331 |
3.77% decrease |
Number of Applications published based on applicant city: 1st April – 7th April 2017
Among the listed cities, Mumbai solely contribute for 62% of the total applications published. Second in place is Bangalore, followed by Hyderabad, Delhi, Chennai and Kolkata.
- Mumbai: 93
- Bangalore: 22
- Hyderabad: 15
- Delhi: 10
- Chennai: 9
- Kolkata: 1
DESIGNS
This Week: 242
Previous Week: 284
Percentage of Increase in Registration: 14.78% decrease
Patent Office Updates
Annual report 2015-2016 released – Samsung tops charts
The Office of the CGPDTM recently published the annual report for the year 2015 – 2016. According to the report, about 46,904 applications were filed with the patent office in 2015 – 2016. This marked a 10% increase in total patent filings from the previous year i.e 2014-2015. Out of the 46,904 applications, about 13,086 patent applications were filed by Indians, thus marking a modest increase of about 8%. Samsung R&D Institute India topped on the table of applications made in the field of information technology. It also came in second in the list of top Indian applicants for patents from scientific and R&D organizations. The top three foreign resident patent applicants included, Qualcomm with a staggering 1884 patent applications, followed by Philips with 949 patent applications and Samsung Electronics Co. Ltd. with 905 applications.
Interesting patents
IBM patents a cognitive system to manage self-driving vehicles
The American multinational technology company International Business Machines (IBM) recently received a patent for a machine learning system that defines how to shift control of an autonomous vehicle between a human driver and a vehicle control processor, in case of an emergency. The system uses artificial intelligence to analyse the available information from its sensors and determines whether the car’s autonomous driving system or the human driver has the best chance of operating the vehicle safely.
Government news and updates
‘About 2.5 lakh patent applications pending’: Nirmala Sitharaman
In a written reply to Rajya Sabha, the Commerce and Industry Minister Nirmala Sitharaman reported that “as on March 1, 2017, 2,47,824 patent applications were pending at various stages of disposal, out of which 2,06,836 were pending at the examination stage”. In order to clear the pending applications, the government has taken various measures like organising IP awareness and training programmes, and hiring more than 400 examiners. It is important to note that 396 examiners have already started the examination work after undergoing training, in addition to the existing 130 examiners.
International Patent News
US PTAB Reforms Process Begins
The process to reform the administrative review by the US Patent and Trade Mark Appellate Board has now begun. Interested parties can submit their comments and suggestions by writing to the USPTO – PTABProceduralReformInitiative@uspto.gov. The primary objective of the reform initiative is to improve the efficiency and effectiveness of the patent grant, review and interference procedures and to improve patent quality.
EPO Board of Appeals and Delays
The 2016 Annual Report of the Board of Appeals indicates that proceedings before the Board takes an average of more than three years. The term is being considered too long for inter partes proceedings, which need quick resolution. While new appointments have been made in March, 2017, to remedy the situation, some attorneys are circumspect about any significant change in pattern. Comparatively, the time taken by the Indian Patent Office’s Boards is more than a life time.
Patent Litigation
New FRAND Standards for Standard Essential Patents in UK
In a recent decision, a UK Court gave its first ratio on the much debated Standard Essential Patents (SEPs) and FRAND Licenses. While deciding in favour of Unwired Planet, the SEP Holder, the Court stated that if Huawei fails to agree to FRAND terms, injunctive relief may be granted against it. Among other things, the Court stated that the license can be calculated based on prior negotiated license agreement deals, and the share of the SEP holder in the total SEP pool. It also pointed out that patents may not be differentiated based on value except under exceptional circumstances, and that all SEP patents are equal.
Based on the judgment, the total 4G handset royalty comes to 8.8 percent.
Paice targets Ford after Volkswagen, Audi, and Porsche
Paice has recently filed an ITC complaint against Ford after it settled a similar action against Volkswagen, Audi, and Porsche. In the complaint, Paice is alleging that Ford is infringing some of its hybrid automobile patents. Broadly, the patents relate to hybrid electric controller and related technology for synchronizing the functioning of electric motor and gasoline engine in the vehicle.
BananaIP’s Patent Tip of the Week
Track Your Patents Carefully
Though your patent attorney will track your patent applications and grants, it is advisable for applicants also to track their patents at regular intervals. This will help in avoiding any inadvertent errors, and loss of patent rights as a result of the same. A six monthly audit and compliance check can go a long way for companies having a portfolio of patents. In-house IP teams may rely on external IP attorneys and experts for an independent, unbiased review.
