Patent stats, Amazon patents, Apple design registrations, Google’s Indian Patent refused, wearable technology, Global Innovative Index, Industrial Design conclave, Patent Licensing, Cipla versus Roche, US prosecution 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
“If you didn’t have patents, no one would bother to spend money on research and development. But with patents, if someone has a good idea and a competitor can’t copy it, then that competitor will have to think of their own way of doing it. So then, instead of just one innovator, you have two or three people trying to do something in a new way”. James Dyson, British inventor, industrial designer and founder of the Dyson company.
Patent Stats from the Indian Patent Office
The stats this week indicate an increased activity at the patent office. While there has been an increase in the number of publications, there is a slight decrease in the number of grants. There is a 69.38% increase in early publications and a 12.71% increase in ordinary publications. Grants have however shown a decrease of about 35.34%.
Early Publications
| City | Previous Week | This Week | Percentage of change |
| Delhi | 3 | 18 | 66.66% increase |
| Mumbai | 15 | 27 | 80% increase |
| Chennai | 29 | 11 | 62.06% decrease |
| Kolkata | 2 | 24 | 1100% increase |
| Total | 49 | 83 | 69.38% increase |
Ordinary Publications
| City | Previous Week | This Week | Percentage of change |
| Delhi | 227 | 260 | 14.53% increase |
| Mumbai | 63 | 182 | 188.88% increase |
| Chennai | 335 | 257 | 23.28% decrease |
| Kolkata | 4 | 10 | 150% increase |
| Total | 629 | 709 | 12.71% increase |
TOTAL PUBLICATIONS (Previous Week): 678
TOTAL PUBLICATIONS (This Week): 792
Percentage difference: 16.81% increase
PUBLICATIONS UNDER GRANT
| City | Previous Week | This Week | Percentage of change |
| Delhi | 95 | 77 | 18.94% decrease |
| Mumbai | 13 | 15 | 15.38% increase |
| Chennai | 72 | 35 | 51.38% decrease |
| Kolkata | 52 | 23 | 55.76% decrease |
| Total | 232 | 150 | 35.34% decrease |
Number of Applications published based on applicant city
This week Mumbai and Delhi have each contributed 19 applications, putting the two cities on the top contributors list for the week. While, Bangalore comes in at the second place having contributed 13 applications; Hyderabad, Chennai and Kolkata together have contributed 19 applications and are placed lower on the table.
| List of Cities | 1st January 2017 – till date | 10th June 2017- 16th June 2017 |
| Mumbai | 775 | 19 |
| Bangalore | 469 | 13 |
| Delhi | 437 | 19 |
| Chennai | 246 | 7 |
| Hyderabad | 182 | 9 |
| Kolkata | 91 | 3 |
Total Patent Grants by the Indian Patent Office since 1st Jan 2017 till date:
Delhi – 2467
Mumbai – 503
Kolkata – 1021
Chennai – 1401
Total grants: 5392
Industrial Designs
Total designs registered this Week: 151
Total designs registered in the previous Week: 143
Percentage Difference: 5.59% increase
Recent Grants
Amazon patents way to block price comparison in its stores
The e-commerce giant Amazon Inc. was recently granted a patent for an invention with application no. 13/464,602 titled “Physical store online shopping control” which discloses systems and methods to control the online or internet shopping performed at a physical store or retailer location. As disclosed in the patent application, the invention describes a mechanism that would intercept a price comparison search done by a consumer using the store’s Wi-Fi.
Apple Inc. granted design patent for multiple products
Apple Inc. has secured multiple design registrations last week from the US and Hong Kong offices. The products registered include a heart rate compilation icon for the Apple watch, control centre user interface, iPhone smart case and iPad pro keyboard.
Recent Judgments and Decisions
IPO refuses Google’s patent on voice-to-text technology
Google’s patent application number 1309/DELNP/2006 titled “METHOD AND APPARATUS FOR PROVIDING A TEXT MESSAGE” filed with the Indian Patent Office on 9th March 2006 has been refused by the Controller on the 12th of June 2017 on grounds of lacking inventive step under Section 2(1)(j) and lack of industrial applicability. The invention has also been rejected under Section 3(k) of the Patents Act.
Abstract of the invention:
A method and apparatus for providing a text message includes receiving an utterance (Step 210) at an input of an electronic device (100). Speech recognition is then performed on the utterance (Step 230) guided by user-defined message templates stored in a memory (155) associated with the electronic device (100). Speech recognition is defined by matching the utterance with one of the templates to create a matching template. A text message is then provided from the matching template (Step 235).
Patents, Startups, Innovations
IIT Kharagpur develops wearable technology from silk protein
A team of scientists from IIT Kharagpur have developed a wearable technology which is based on the protein found in the silk fiber called silk fibroin. The hybrid material is said to offer greater sensitivity and scope of detection by storing data and detecting light, both in the ultraviolet and visible wavelength range. This novel material can help soldiers, defense personnel and also has a scope for bio-medical applications. While it is not certain if a patent has been applied for the technology, the invention appears to be highly promising.
Seminars, Conferences, Conclaves
Conclave to be held in IIT-H on World Industrial Design Day
The Confederation of Indian Industry is holding a design conclave at IIT-Hyderabad in collaboration with the IIT Design Centres at Hyderabad, Bombay, Delhi, Kanpur, Guwahati and IIS, Bangalore. The theme of the conclave is New Product Development and is aimed at promoting small entities and start-ups to create new global brands and successful products through innovation. Eminent professionals and academicians such as Dr. Anil Kakodkar -President of National Academy of Sciences, Surendra Tripathi- Additional Secretary and Development Commissioner at Ministry of MSME, Director of IIT-H- Prof. U. B. Desai will be amongst the speakers at the conclave. The 2-day conclave will be held on June 29th and 30th and is open to designers, industry representatives, small entities and start-up and students.
General IP News
Global Innovative Index: India moves up to 60th Rank
WIPO in collaboration with INSEAD and Cornell University has released the Global Innovation Index 2017. As per the index, India is the highest ranked economy in Central and South Asia, and has been ranked at the 60th position among 130 countries. India has consistently improved on this index, while in 2015 India was ranked 81 it moved up the index last year to the 66th position. Switzerland has continued to retain the number one spot for the seventh consecutive year.
Patent Licensing and Commercialization
Wi-LAN enters into patent licensing agreement with Ericsson and Amazon
WiLAN, the Canada-based IP licensing company has entered a patent licensing agreement with Ericsson and Amazon bringing two separate outstanding disputes between WiLAN and the two companies to a close. While the patent license agreement with Amazon resolves the litigation pending in Germany the patent license agreement with Ericsson resolves the LTE wireless litigations pending between WiLAN and Ericsson in the Southern District of Florida and the Eastern District of Texas.
Pharma patents
SC allows Cipla to withdraw appeal against Roche
The Supreme Court recently allowed domestic drug manufacturer Cipla, to withdraw its appeal against Swiss pharma major Roche over its lung cancer drug – erlotinib hydrochloride. The Supreme Court was informed that the two companies arrived at a settlement before the Delhi High Court on 30th May 2017 to close the pending patent dispute between them. While Roche sells its patented drug under the brand name of Tarceva, Cipla has been selling the generic version of the drug under the name Erlocip.
Plant Varieties News
Germany releases new plant varieties as Open Source
Gottingen University and Dottenfelderhof Agricultural School in Germany have released tomato and wheat varieties under an open source license. The university which is non-profit organization has released these varieties on the term that any research derivatives from the open source license will also form part of Open Source.
BananaIP’s Patent Tip of the Week
Tackling US prosecution
The USPTO offers a wide range of options to an applicant in terms of responding to an office action.Amendments and arguments in response to an Office action must be filed at the earliest and should address each and every issue set forth in the Office action. Responses that fail to address the issues in the office action may unduly extend prosecution. Before filing a direct response, an interview with the Examiner can provide an opportunity for early allowance.
